BUSINESS mogul and President of Dangote Group of
Companies, Alhaji Aliko Dangote and the Managing
Director of Nova Finance and Securities Limited, Mr.
Eugene Anenih, yesterday, appeared before the
Economic and Financial Crimes Commission (EFCC), in
Abuja, over the raging African Petroleum (AP) Plc's
share price manipulation scam.However, The
Guardian learnt that Dangote was later released on
self-recognisance.Anenih had been indicted and
sanctioned by both the Securities and Exchange
Commission (SEC) and Nigerian Stock Exchange (NSE),
in a share-crossing saga that made 160,000
shareholders of AP to suffer over N240 billion loss.
Dangote, the country's richest man by Forbe's
assessment, had been exonerated by the two stock
market regulatory bodies. But he was invited by the
EFCC to state his own side of the festering
business tussle after AP President, Mr. Femi Otedola,
last Thursday went to the anti-graft agency to file
a complaint.
A source at the EFCC told The Guardian that the
quarrel by the two erstwhile friends but now
bitter enemies, being over business deal, was better
resolved administratively than being allowed to go
to the courts.
The source said that Dangote made a statement, then
questioned and "released on administrative bail on
self recognition" but may be invited again if the
investigators found a need to.
Nova is the stockbroking firm handling Dangote's
investment portfolio in the stock market, which
perpetrated the scam.The stockbroking firm had
crossed the shares of AP 30 times in eight weeks,
allegedly using Dangote's mandate, making the price
to lose value by five per cent daily.
EFCC's source explained that the agency could not
have been influenced by Dangote's exoneration by SEC
and NSE as Otedola's petition to it predated the
judgment of the regulatory bodies.
"EFCC is interested in the weighty circumstantial
evidence that implicated Dangote and a fresh
issue raised by Otedola in his petition which was
sent to us," the source said.
The AP boss, in the petition, queried the claim by
Dangote that he was not privy to the share-crossing
saga, as the stockbroking firm could not otherwise
have had any primary motive for the action.
Otedola also averred that with the trade alert
mechanism in the stock market, Dangote could
not have feigned ignorance of the deals being
reflected in his account, more so that he is
vice president of NSE.
Besides, the petitioner wants EFCC to peruse earlier
written mandates of Dangote to Nova, to establish
relationship between them and those suspected to
have been given without written authorisation.
Otedola also would want the crime-bursting agency to
establish factor(s) that made Anenih to recant
his earlier confession that he was mandated by
Dangote to cross the shares.
SEC had suspended Nova and Anenih from all capital
market activities for one year for employing
"manipulative and deceptive devices and contrivances
in its transactions on AP Plc shares."
Besides, the company and its managing director were
fined N190,000, that is, N5,000 per day for 38 days,
for violating rule 177 and the code of conduct for
market operators.
Anenih has also been disqualified from being
employed in any arm of the securities industry for
five years. In addition, he has been referred to the
EFCC for further investigation and possible
prosecution.
However, SEC in its final report, "did not find any
evidence" to show that Dangote, a client of Nova,
instructed the stockbroking firm and Anenih "to
carry out any of the transactions in AP Plc,
purportedly done on his behalf."
The shares scam had pitted Otedola against Dangote,
with the former accusing the sugar cum cement
merchant of colluding with Nova to perpetrate the
fraud.
But the commission advised the NSE to "review its
rules and procedures for appointing or
electing its council members in order to ensure good
corporate governance and avoid conflict of
interest situations."
Dangote is the Vice-President and council member of
NSE. NSE had earlier sanctioned Nova when the saga
came to the open, through advertorials placed
by AP over alleged cross-dealings on its shares,
perpetrated
by the stockbroking firm, allegedly through the
mandate of Dangote.
The Exchange fined Nova, besides suspending it from
all capital market activities.SEC, before arriving
at its conclusions, summoned AP, Nova, Dangote, NSE,
Central Securities Clearing System (CSCS) Limited
and Afribank Registrars Limited.
While explaining its role in the saga, according to
SEC's report, Anenih told the commission that he got
oral mandate through telephone calls from Dangote to
effect the transactions.
But Dangote's representative, while stating his
principal's position, made it clear to SEC that the
NSE's vice-president did not, at anytime, give any
mandate to Nova to carry out the transactions.
"Following this statement, Anenih retracted his
earlier statement that he received Alhaji
Dangote's mandate to carry out the transactions. He
categorically stated that he did not get any form of
mandate from Alhaji Dangote for the transactions",
the SEC report said.
At the meeting, NSE informed the commission that the
council of the Exchange had considered the
motives behind the transactions and concluded that
Nova acted inappropriately.
On the publication of CSCS statements on the alleged
transactions by AP, the representative of CSCS
stated that in the course of performing its role as
clearing and settlement agent of the capital market,
regular updates on transactions were usually sent to
registrars of firms. It was his view that this
must have formed the basis for the said publication.
He refuted the suggestion that the information was
obtained directly from the CSCS by AP Plc.
In his reaction, the representative of Afribank
Registrars stated that the CSCS statements published
by AP Plc were obtained from Afribank Registrars as
registrar to the company and that regular updates on
transactions were usually received from CSCS.
According to him, Afribank Registrars, being the
agent of AP, could give all information obtained
from the CSCS to the company in the discharge of its
functions.
AP's Chief Operating Officer, Mr. Tunde Falasinnu,
explained that the company got the hint that
its share price was being manipulated, when some of
its shareholders drew the company's attention
to the fact that "something unusual was happening to
its share price."
According to him, this prompted the company to begin
close monitoring of transactions on its
shares. "This led to the discovery of the cross
deals between Nova Finance and Securities Ltd and
Alhaji Aliko Dangote, in a manner that created
the impression that there was active trading on the
stock, which
was in fact, not the case."
He stated that the details of the transactions were
obtained and subsequently published in the
newspapers.
AP's company secretary, Elizabeth Idigbe, explained
that although the bearish condition in the
market impacted negatively on the price of
securities, "the case of AP was unique, given
the fact that the transactions created a false
impression regarding the level of activity in AP's
shares."
The records of the alleged manipulated transactions
as obtained by SEC investigating team from the CSCS
were circulated to all the parties and they
were accepted by all as the transactions done by
Nova.
The transactions involved series of cross deals
between Nova and Dangote, from February 11 to March
20 at 50,000 units of AP's shares per transaction.
Nova could not explain the motive for the
transactions, when asked.
|