P&ID Scam: Former Director Claimed Draft Agreement Sent to AGF, Says Witness

A High Court of the Federal Capital Territory (FCT) in Apo,
Abuja on Wednesday heard that a copy of the P&ID contract was
submitted to a Minister of Justice and Attorney-General of the
Federation (AGF), for vetting.

An Economic and Financial Crimes Commission (EFCC) witness, Umar
Hussein Babangida, told Justice Olukayode Adeniyi that his team got
this information from a former Director, Legal Services, Federal
Ministry of Petroleum Resources, Mrs Grace Taiga.

Babangida did not name the minister.

He did not clarify whether the P&ID contract, which which
was signed in 2010, was vetted by a Justice Minister appointed
under the administration of the late President Umaru Musa Yar‘Adua
or the one appointed by his successor, Goodluck Jonathan.

Babangida said his team investigated the controversial gas
contract awarded to the Irish firm, P&ID, in respect of which a
$9.6billion damages were awarded against Nigeria.

The investigator was the second prosecution witness in Mrs
Taiga’s trial for, among others, receiving a bribe in respect of
the contract and making a false statement.

Taiga is also accused of violating various laws by entering into
the Gas Supply Processing Agreement (GSPA) without prior approval
by the Federal Executive Council (FEC) and a certificate of
no-objection to the contract from the Bureau of Public Procurement
(BPP).

Babangida said during investigation, his team invited Taiga for
questioning and that “she (Mrs. Taiga) confirmed, from the
interview and her written statements, that the draft agreement was
forwarded to the office of the AGF for vetting and further
directives.”

Led in evidence by a prosecution lawyer, Abba Mohammed,
Babangida said: “I got to know the defendant in the course of
investigating a petition forwarded to the Acting Chairman of the
EFCC from the office of the AGF. The petition was dated sometimes
June 2018 and it was received by EFCC in July 2018.”

He said the team also requested from the Ministry of Petroleum
Resources, through another letter of investigation activities, for
the ministry to confirm cash backing for the project; license to
the contractor (P&ID Ltd) to operate in the gas and petroleum
sector in Nigeria, and to make available the list of the technical
team from the ministry.

Babangida said: “The ministry obliged us with the documents
-GSPA and the Memorandum of understanding. Upon analysis of the two
documents, we observed that the MoU was signed by a company –
P&ID Ltd (Nigeria), while the GSPA was signed by P&ID Ltd,
a company registered in the British Virgin Island.

“The then Minister of Petroleum Resources, Dr Lukman Rilwan, now
deceased, signed for the Ministry in both documents, while the
Director, Legal, Ministry of Petroleum Resources, Mrs Grace Taiga,
witnessed for the Ministry of Petroleum Resources in both
documents. Mr Michael Payne, an Irish citizen signed for P&ID
Nigeria and PID Virgin Island, while Mohammed Kuchazi witnessed for
both companies

“From the response from the ministry on the issue of cash
backing, the ministry confirmed that there was no cash backing that
was approved. On whether the company was issued a license to
operate on gas activities, the Department of Petroleum Resources
(DPR) confirmed that the company (P&ID of British Virgin
Island) was not issued a license.

“We wrote to Infrastructure Concession Regulatory Commission
(ICRC) to confirm if the GSPA was forwarded to the commission for
inspection and approval, to enable the Federal Executive Council
(FEC) to decide on it.

“From their (ICRC’s) response, they confirmed that the GSPA was
not forwarded for their consideration. It also said that the
agreement cannot be considered by the Federal Executive Council
without passing through the ICRC.

“We also wrote to the office of the Secretary to the Government
of the Federation (SGF) to confirm if the agreement, the GSPA was
forwarded for the FEC consideration and approval. From their
response, it was confirmed that it (the GSPA) was not forwarded to
the office.”

The prosecution lawyer subsequently tendered copies of all the
documents, including the GSPA, MoU, the petition from the AGF,
letters of investigations activities to the various agencies, among
others, which the trial judge, Justice Olukayode Adeniyi admitted
in evidence in the absence of any objection by defence lawyer, Ola
Olanipekun (SAN).

Testifying earlier as the first prosecution witness, Remigius
Ugwu (a Compliance Officer, with Zenith Bank Plc), confirmed that
Mrs. Taiga maintained naira and dollar accounts. He said the
defendant was the sole signatory to them.

During proceedings, Taiga looked weak and could barely walk. She
coughed intermittently in the dock. A court official put off the
ceiling fan directly above her head.

After tendering some documents, the prosecution counsel applied
for an adjournment. Defence counsel Ola Olanipekun (SAN), did not
object. He also prayed the judge to allow the defendant enough time
to recuperate.

The judge granted the application and adjourned till December
12, 2019. He also vacated November 7, earlier chosen for the
continuation of trial.