According to The Witness, the Federal Government of Nigeria has brought Seplat Petroleum Development Company Limited (also known as Seplat Energy Plc) and 12 senior officials to court on charges of tax evasion totalling $37.5 million.
The suit names the following 12 officials: Steve Ojeh (Dir. Corporate Services), Alasdair Mackenzie (Dir. Strategy & Planning), Roger Brown (CEO), Samson Ezugworie (COO/ED0), Eleanor Adaralegbe (CFO/ED); Effiong Okon (MD, ANOH Gas); Ayodele Olatunde (MD, Seplat West
The Federal Inland Revenue Service, FIRS, filed Suit No. FHC/L/ 982C/24 before the Federal High Court, Lagos division, on behalf of the federal government. The suit available to BrandSpur national news stories claimed that Seplat Petroleum and 12 of its officials bought a participating interest in the producing assets of OML 4, OML 38, and OML 41 sometime in 2010 in Nigeria and neglected to pay the statutory stamp duty on the Purchase Agreement and the accruing interest to the Federal Republic of Nigeria for $37,581,083.40.
According to the FIRS, the corporation and its executives violated Section 23 of the Stamp Duties Act by avoiding the aforementioned tax, which is criminal under Sections 111 and 112 of the Stamp Duties Act (as modified). Additionally, the defendants were accused of forging the Commissioner of Stamp Duties’ seal and putting it on the purchase agreements for OML 4, OML 38, and OML 41.
The FIRS brought the following five counts against Seplat Petroleum and its representatives in court:
COUNT 1: That sometime in 2010, in Nigeria and within the jurisdiction of this Honourable Court, you SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE, and STEVE OJEH committed an offence, in violation of S. 23 of the Stamp Duties Act, by failing to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the amount of $37,581,083.40 (thirty-seven million, live and eighty-one thousand, eighty-three dollars and forty cents only), a sum that was due and payable to the Federal Republic of Nigeria.
COUNT 2: That at some point in 2010, in Nigeria and within the jurisdiction of this Honourable Court, you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE, and STEVE OJEH, unlawfully and wilfully evaded the payment and remittance of duties, fines, penalties, and debts due to the Government of the Federation imposed on the executed Purchase Agreement to acquire Oil Mining Lease 4, 38, and 41, for $37,581,083.40 (thirty-seven million, five hundred and eighty and forty cents only), and in doing so, committed an offence that is punishable under S. 111 and 112 of the Stamp Duties Act (as amended).
COUNT 3: That at some point in 2010, in Nigeria and within the jurisdiction of this Honourable Court, you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE, and STEVE OJEH, did purchase a participating interest in the producing assets of OML 4, OML 38 the executed Purchase Agreements and the accruing interest in the sum of S eighty-three dollars and forty cents only), a sum due and payable to the Federal Republic of Nigeria, and in doing so committed an offence against and punishable under S. 32 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).
COUNT 4: That sometime in 2010, in Nigeria and within the jurisdiction of this Honourable Court, you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE, and STEVE OJEH, did purchase a participating interest in the producing assets of OML 4, OML 38, and OML 41, and that you failed or avoided paying the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the amount of $37,581,083.40 (thirty-seven million1, five hundred and eighty-one thousand, eighty-three dollars and forty cents only a sum due and payable to the Federal Republic of Nigeria). In doing so, you committed an offence that is punishable under S.40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).
COUNT 5: That on or around 2010 in Nigeria and within the jurisdiction of this Honourable Court, you SEPLATPETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, and STEVE OJEH committed an offence against S.43 (c) of the Federal Inland Revenue Establishment Act 2007 (as amended) by inserting the Commissioner of Stamp Duties’ seal on the purchase agreement of OML 4, OML 38, and OML 41 to verify the taxes therein.
Chioma Afe, Director of External Affairs and Sustainability at Seplat Energy, texted The Witness after being contacted to say: “The matter is in court and as such we cannot comment on it. Further information will be shared at an appropriate time as needed.”
In the meanwhile, the trial date has been set for February 28, 2025.
