Your Excellency’s attention is being drawn to the request made by the United State Attorney’s Office, Department of Justice via a letter Ref:MEW:DPW:KDL:AV 1 File 182.23818 dated June 22, 2006. The US Attorney’s office requests for certain investigations to be carried out by the EFCC with regards to a business venture involving iGATE an American company and NDTV, a Nigerian company. Pursuant to this request I caused an in-depth investigation to be conducted. I append below a detailed report of the investigation as follows:-
FACTS: The United States Attorney’s office for the Eastern District of Virginia, The United State Department of Justice, Criminal Division, Fraud Section, and the Federal Bureau of investigation (FBI) are investigating possible violations of federal law, including offences involving bribery of public officials, wire fraud (depravation of honest services and scheme to defraud), bribery of a foreign public official and conspiracy.
The US Central Authority request that Nigerian Authority locates and provides the documents and information on some government officials/institutions, private companies and individuals in relation to the official acts of the congressman in promoting US business ventures in Africa as its relate to IGate/ NDTV business venture, iGate/Rosecom among others. The request of information revolves around the following individuals and companies.
S/N Full Name
1 Atiku Abubakar
2 Otumba Fashawe
3 Vernon Jackson
4 Maureen Scurry a.k.a Maureen Edu
5 NDTV
6 Rosecom.Net
7 Life Energy Technology Holdings (LETH)
8 TDC Oversees
9 Arkel Sugar
10 Arkel International
11 IGate
12 ANJ Group
13 W2-IBBS, Limited
14 Diverse Communication
15 Global Energy& Environmental Services
16 Jefferson Interest Inc
17 IBILE Holdings Limited
18 International Broadband Services, Limited
19 William Jefferson
20 Andrea Jefferson
21 Jamila Jefferson
22 Jalilah E. Jefferson
23 Nailah A. Jefferson
24 Jelani F. Jefferson
25 Akilah A. Jefferson
26 Tory Bullock
27 Philips Jones, Jr
28 Mose Jefferson
29 Bennie Jefferson
30 Archie Jefferson
31 Coy related to the above
The Requests are as Follows:
Provide U.S. Law enforcement authorities whatever information the government of Nigeria may have with respect to the witnesses including employment history, history of travel outside Nigeria, criminal history and other biographical information. In addition, please permit U.S law enforcement authorities, including the prosecutors and agents who will travel to Nigeria, to communicate directly with the lead investigator in Nigeria involved in collecting this information.
Provide the certified copies of the listed documents, records and articles of evidence stated below:
a. Any and all documents in the possession of NDTV and its present or former officers, employees, or representative (including, but not limited to, Otunba Oyewole Fashawe, Ahmed Vanderpuije, Dumebi Kachikwu) relating to or involving some of the above listed individuals and entities
b. Any and all documents in the possession of any Nigeria public official or agency- including but not limited to the Nigerian Communications Commission, Ministry of Communications, Nigerian Embassy to the United States, Nitel, and the Managing Director of Nitel- relating to or involving some of the above listed individuals and entities
c. Correspondences between United States Congressman Williams Jefferson and Vice President Alhaji Atiku Abubakar relating to any U.S. based business venture in Nigeria
d. Correspondences between United States Congressman Williams Jefferson and Jamilah Jennifer Atiku- Abubakar , wife of Vice President Alhaji Atiku Abubakar, relating to any U.S. based business ventures in Nigeria
e. Correspondence between IGate, including its officers and representatives and Vice President Alhaji Atiku Abubakar and any other Nigerian Public official
f. Correspondence between NDTV, including its officers and representatives and Vice President Alhaji Atiku Abubakar and any other Nigerian public official
g. Correspondence between Atiku Abubakar (or any of his subordinates or representatives), and any government official or agency, including Nitel, relating to some of the above listed individuals and entities
h. Any and all documents in the possession of Rosecom.Net and its present or former officers, employees, or representatives ( including Suleiman Yahyah) and any Nigerian public official or agency ( including Nitel and its officials, employees or representatives) relating to business ventures involving IGate or W2-IBBS Limited
i.Any and all records and documents relating to any concessions for petroleum products transferred to some of the listed individuals or entities
j.Toll records from January 2001 to the present for telephone 23410803504000, which number has been used or subscribed by Atonte Diete –Spiff
k. Any and all documents in the possession of the Nigerian Embassy in the United States related to any travel to Nigeria by Congressman Williams Jefferson in connection with U.S. business ventures in Nigeria, including, but not limited to
l. Records from the Sheraton Hotel & Towers related to the stay of Congressman William Jefferson, Vernon Jackson, and any other party affiliated with Jefferson and Jackson during the February, 2004 trip
m. Records from the Sheraton Hotel & Towers related to the stay of Congressman William Jefferson, Vernon Jackson, Patrick Gerdes, Adolfo Lambaren, BK Son, and any other party affiliated with Jefferson and Jackson during the May, 2004 trip
n. Records and filing relating to some of the listed entities. The requested documents include, but are not limited to company formation documents, shareholder documents, ownership record, management documents, documents relating to payment of fees related to company filings, and any other company information. The request was particular on Diverse Communications Limited, a company associated with William J. Jefferson through which he was to collect kickback in form of percentage of profit for his official act in respect of NDTV / IGate deal
o. Bank records of accounts held by Ahmed Vanderpuije, Otumba Fashawe NDTV, and Dumebi Kachiku from January, 2003 to present, including, but not limited to, accounts held in Trans International Bank, Transcontinental Bank, Citizen International Bank, Standard Trust Bank, and Continental Trust bank
p. Bank records relating to any payment or transfer of funds from the Petroleum Trust Development Fund to any accounts held by NDTV, Vanderpuije, Fashawe and Kachiku (including but not limited to any accounts held at the Trans International Bank)
q. Bank records relating to any payment or transfer of funds from PTDF for or on behalf of NDTV, Ahmed Vanderpuije, Otumba Fashawe, or Dumebi Kachikwu, to any accounts held by some listed entities and individuals
r. Bank records of accounts held by Hajiya Aisha M. Buhari from January, 2001, to present, including, but not limited to, accounts at Citizen International Bank, Plot 130, Ahmadu Bello Way, Victoria Island, Lagos, Nigeria. The bank records should include documents relating to any wire transfers of $10,000 or more
s.Bank Records of accounts held by Maureen Scurry, also known as Maureen Edu, from January, 2003 to the present.
t. Bank Records of accounts held by Atonte-Diete Spiff and /or Providence International from January 2001, to present, including, but not limited to, account at FSB International Bank, 23 Awolowo Road, Ikoyi Lagos; Pacific Bank Limited Lagos; Eagle Bank Limited Lagos.
u. Bank records held by Allison K. Anadi from January 2001 to present including but not limited to, accounts at Assurance Bank. The bank records should include documents relating to wire transfer of $5,000 or more.
v. Bank records for any account held by listed companies from the date of the opening of any such accounts to the present.
w. Property transfer records and loan/mortgage records (including applications, correspondences, and documents referring to collateral or security for the loan) relating to the purchase of plot 555 Adetokumbo Ademola Crescent Wuse II Abuja (Location of NDTV office ).
x. Correspondences and communication (electronic or otherwise) between officials, agents, or employees of standard Trust Bank and Maureen Scurry, also known as Maureen Edu, related to financing on behalf of NDTV and/ or IGate.
INVESTIGATION: On the strength of the request a team of detectives was detailed to investigate the matter with a view to gathering information and documents in respect of the request. Government Ministries, Parastatals and Agencies affected were contacted while some witnesses identified in the request were invited and they volunteered statements. A run down of our checks in the Government agencies, banks, hotels and telecom firms is as follows:
i. Petroleum Technology Development Fund (PTDF): Requesting for all correspondences and any other information relating to payments made to NDTV, individuals or Banks in connection with the U.S Business Venture in Nigeria. Our investigation revealed that the funds approved for the PTDF operations across the country were diverted to some banks namely Equitorial Trust Bank and International Bank for various placements at different interest rates over a period of time. These placements were made pursuant to an approval sought by the PTDF Executive Secretary Y.H Abubakar from the Vice President in whose office, the supervision of the PTDF lies. The investigation further revealed that these placements were made in these banks for purpose not unconnected with promoting some personal businesses which coincided with the placements. These businesses were the roll out of Globacom and the Netlink Digital Television (NDTV) project with a US based Technology vendor called iGate. This revelation led to extending the tentacles of this enquiry to such agencies as Nigerian Communication Commission and Cooperate Affairs Commission with a view to unraveling the individuals and entities behind the establishment of said Telecom Company and the NDTV.
ii. Ministry of Foreign Affairs: Requesting for all documents in the possession of the Nigerian Embassy in the United States relating to any travel to Nigeria by Congressman Williams Jefferson in connection with U.S. business ventures in Nigeria and other documents in possession of the embassy relating to any individuals or entities as contained in the letter of request. Their response is still being awaited.
iii. Bureau of Public Enterprises: Requesting to forward all documents in their possession relating or involving the companies/ individuals listed in the request: Response to our letter showed that the bureau only has information on Ibile Holdings Limited and Conpetro, the winning bidder for the sale of shares of National Oil and Chemical Marketting. Conpetro, Globacom and ETB are companies owned by Mike Adenuga.
iv. Nigeria National Petroleum Corporation (NNPC): Requesting for all records and documents relating to any concession for petroleum products to any of the individuals/entities contained in the request. The response to this request is still being awaited.
v. Nigerian Communications Commission (NCC): Requesting for all correspondences and any other information with/relating to the entities/ individuals contained in the request whose response showed that only NDTV, Globacom and Rosecom.Net featured in their records. Our enquiry on the Globacom’s equity structure showed that the shareholders of the company are Conoil 51%, Alhaji G. Subair 24%, Festus Okechukwu Igbomor 12.5% and Babatunde Akinyera 12.5%. Further enquiry conducted on the address of the shareholders however revealed that Alhaji Subair’s given address at 2/3 Dawaki Road, Kaduna was traced to a property where Mohammed Badamasi Babangida, the first son to the former military President, Ibrahim Badamasi Babangida was found to be the owner. This led to his invitation to the Commission where he was interviewed and volunteered statement.
vi. Corporate Affair Commission (CAC): Requesting for particulars of registration, names of directors and their addresses, shareholding structure and bankers, documents relating to payments of fees and records of filings on the companies related to individuals mentioned in the request. Response received revealed that only Rosecom.Net, Diverse Communication and W2 IBBS, Ibile Holdings Limited and Globacom were registered with CAC
vii. Supreme Court/Nigeria Bar Association: Requesting for details in respect of the two lawyers that incorporated Diverse Communication as featured in the response from CAC. We are still awaiting response.
Letters were written to all the 25 banks in the country requesting for the general details required. While much has been achieved in this regard we are still expecting information from other banks on the request. Specific letters were also written to some identified banks on NDTV, Ahmed Vanderpuije, Fashawe, Kachikwu, Hajiya Aisha Buhari, Maureen Scurry, Atonte-Diete Spiff/ Providence International, Allison K. Anadi. Information on property transfer records and loan/mortgage records was also sought from FCDA and TIB on NDTV office at plot 555 Adetokumbo Ademola Crescent.
Some issues were raised as a result of the investigation we carried out following the request as mentioned above. These issues include:
• What informed the Vice President’s approval for the placement of $125m PTDF approved funds into ETB and TIB.
•The unilateral approval of additional $20m by the Vice President to PTDF and its subsequent placements in TIB, there negating the purpose for which the funds were applied for.
ÿ The allegation of meetings held between the Vice President, Otunba Mike Adenuga and Hamisu Y. Abubakar (Mairago) in the VP’s office/residence prior to the placements.
ÿ The procedure guiding the approval of funds for PTDF as regards the VP’s supervisory role on PTDF and host of others.
This led to writing to the Vice President for his response which he ultimately obliged by replying to the Commission.
Letters have already been dispatched to the affected State Governors soliciting their cooperation as regards Arkel Sugar and Arkel International two US companies that are said to be involved in businesses in Akwa Ibom and Jigawa States
We have however received Bank records from Assurance Bank held by Allison K. Anadi from January 2001 to date, but we are still awaiting the bank records relating to wire transfer of $5,000 or more
Statements volunteered by some the witnesses/suspects identified in the request are summarized thus:
SEGUN EGUNJOBI:
He is the branch manger of Trans International Bank who was the account officer of NDTV and who was a party to the meeting between NDTV officers and Maureen Scurry formerly of EX-IM Bank and whose bank advance facility to NDTV for the business deal with iGate. He stated that the NDTV project was to be funded by the TIB through loan finance to Otunba Fasawe against a further loan to be provided by EXIM bank of U.S.A. He further stated that a counterpart funding of $6.5million was to be paid by NDTV, while EXIM was expected to finance the $38million. He further narrated that PTDF is a deposit customer of the bank where some$30million was placed with them. As for opening the NDTV account at TIB in 2002, and the bank became interested in the project because of the letter of interest by the U.S Exim Bank to finance 85% of the project while Sofitel Inc Ltd, a U.S bank agreed to re-finance the remaining 15%. He narrated that out of the N400 Million granted to NDTV, $1.5 Million was transferred to iGate while the sum of N170 Million was utilized in purchasing the project house. He pointed out that a sum of $6.5M was transferred to iGate of which the company agreed to pay the sum of $4 Million when the deal collapses and up till date only $1.7M had been repaid by the company. He noted that though the sum of $5 Million was remitted in Jan 2004 to IGate when the PTDF funds came in, the bank as at then was highly liquid. He also noted that in the course of the project he had meeting with Maureen Edu (Scurry) who was introduced to him as consultant to the project and as an ex-staff of Exim U.S bank. He further stated that she was to facilitate the loan facility from Exim U.S bank in conjunction with Sofitel Inc. Ltd and she was paid a sum of $100,000M as part of her fee. He stated that NDTV also paid SOFITEL INCORPORATED a commitment fee of US$133, 680.00 and US$40, 312 for their role in the deal while the sum of $500,000 was made to Law offices of Jean Michel Malek P.C also in relation to the deal? He denied attending any meeting where bribery, commission or interest was discussed in respect of the project. He also denied knowing any Jefferson’s relations or any individual Otumba is fronting for.
OTUNBA FASAWE:
He is the chairman of NDTV and the chief promoter of the IGate deal while other directors of the company are Ahmed Vanderpuije and Mr. Ted Hazeldine. He admitted that NDTV collected loan from TIB to finance the iGate deal at the time PTDF deposited funds with TIB as deposit and the loan was secured by his personal guarantee and NDTV building at No, 555 Adetokunbo Ademola Crescent, Abuja. He said his group, NDTV first met with Hon. W. Jefferson during the SULLIVAN summit in Abuja where he promised to give them Information Technology outfit to work with. The meeting was started in London, when Mr. Jefferson presented a technology group called iGate incorporated. He stated that as part of the agreement, NDTV first remitted $1.5million to iGate Inc, while the remaining balance of $5 million was later remitted through the TIB. He further narrated that when there was a breakdown in agreement, they demanded for their money to be refunded and that iGate only returned $1.7 Million which was paid back to TIB as part of the repayment for the loan. He stated that they visited U.S Exim Bank in Washington after they were given a letter of interest to support their NDTV project. He added that he is the NDTV Chairman and that he only assisted Scurry on humanitarian ground because her junior brother was having cancer. He said all funds sent to SOFITEL were professional fees. He lastly appealed to EFCC to help him chase iGate to return the remaining $4.7M. He stated that if there was any kick back given to anybody it would come out in the course of investigation. That he does not front for anybody except his humble self.
MRS MAUREEN EDU ‘F’:
Born on 25/09/66 in Umuahia, Imo State. She is a native of Umunya, Oyi Local Government Area of Anambra State. A holder of Bsc. Political Science from University of Jos in 1987. Also has an MBA Degree from University of Wales, Cardiff Business School USA in 1993. That she worked with U.S Export-Import Bank Washington DC from 2000 to 5th October, 2004 when she retired. That she joined the bank with the names of Maureen Scurry as Business Development Specialist on sub Sahara Africa. She mentioned that her work included among others helping to educate both Africa and America business on how to use Exim-Bank guarantees and insurance policies to facilitate the export of US goods and services. She mentioned that she visited many countries in Africa, including Nigeria in her capacity as an official of Exim-Bank. She further narrated that although Exim Bank recorded a lot of successes in Nigeria, there were several potential applications which never resulted in transaction or application to the bank. And this included NDTV, Bellview airlines, and a power plant project in Delta etc. Mrs. Maureen Edu narrated that sometimes in mid-2003; Congressman Jefferson called or emailed her requesting a meeting with Exim Bank to discuss a private transaction in Nigeria, involving a U.S based Technology Company called Igate. That she arranged for the meeting, which was led by the Exim-Bank’s Board member, Mr. Joe Grandmaison she was at the meeting. Others, who were in attendance, included Congressman Jefferson, Mr. Jackson from Igate. She said a second meeting on NDTV was made in the Bank and those present were Igate staff, NDTV chairman, Mr. Otunba Fasawe and Chief CEO, Mr. Ahmed vanderpuije as well as a gentleman from Senegal whom she could not remember if he was from Igate or was independent but could not recall specific duties. She recalled during the first meeting, it was a high level one, where Congressman Jefferson introduced Igate to the Bank. She said the second meeting was more of a staff level meeting, which allowed for detailed discussion and guidance by her on what the process would be to submit an application, which is loan application to Exim Bank. She added that she visited Nigeria during the first quarter of 2004, among others scheduled a meeting with NDTV in Abuja. The meeting included the Chairman Mr. Otunba Fasawe and probably someone from a local bank with Headquarters in Ibadan. She said NDTV had started several discussions with U.S banks, including small African institutions in Washington DC called Allfirst and Sofitel capital. She said NDTV did not pay any fees to Exim bank in connection with the transaction since no application was made, up till October 2004 when she left the bank. But she added that in the first few months of 2004, Otunba Fasawe gave her a gift of cash in the amount of $100,000.00 approximately which was paid into her account at Citibank Washington, DC. She said Otunba Fasawe sent the monetary gift to her through his company account, NDTV, and at that time she was still with Exim bank in the first few months of 2004 and resigned in October same year. She added that Otunba Fasawe was like a father, whom she made several appeals in person and on phone to assist her because of the financial problems she along with her family encountered as a result of the cancer disease of her brother.
MR. DUMEBI KACHIKWU ‘M’:
Born on 20/12/73. He attended Universities of Benin in Nigeria and York in Canada. He owns Netlink Technologies and Netlink Petroleum. He was once a Director in Netlink Digital Television, NDTV, which he incorporated several years ago. He said as he was doing that, Ahmed Vanderpuije approached him in London that he too was interested in investing in the company, who later introduced him to Otunba Fasawe who also showed his interest in the investment. He later left the Company when he saw that the objective of setting up the company has not been met. That the shareholding of NDTV was as follows: Otuba Fasawe 20%, Ahmed vanderpuije 20%, Dumebi Kachikwu 20%, Kites International Holdings an offshore Company belonging to him and Ahmed Vanderpuije 20%. That the Kite holdings were 50/50% between him and Ahmed respectively. He said, they had negotiated with equipment vendors in Europe and South Africa, when Congressman Jefferson said he had a technology and promised to introduce them to Vernon Jackson of Igate that they later signed a Memorandum of Understanding (MOU) with Igate, where it was arranged that Igate will provide them with initial roll-out and they subsequently paid $6.5 million to Igate. But to his greatest surprise argument ensued between Igate and NDTV over payment terms and refused to proceed with the project. He continued that it was at this stage that he parted ways with his partners. He stated that he first met Williams Jefferson at Sullivan Summit in Nigeria and had about three meetings with him thereafter, one in London and two in Nigeria. Concerning financial matters in NDTV, he stated that apart from technical aspect of the project he has no input. That Fasawe and Vanderpuije were in charge of all the finances in NDTV but that he is aware that they sought for loan from U.S Exim-Bank.
ALIYU MAIGARI:
He is the Protocol Liaison Officer to the Vice President Atiku Abubakar since June 1999. He stated that at about 3.0am of 31/7/05 he received a call in his hotel, Marriot Suites, Bethesda Maryland, from the receptionist introducing a lady who brought a message from Congressman Jefferson for the Vice – president. The lady was introduced to him as the legislative assistant to the congressman. He further stated that he collected the message which was in envelop sealed and marked confidential with CAPITOL HILL- USA CONGRESS written on it. He added that that he handed over the letter to his colleague Umar Pariya around 5am for delivery to the Vice President because he had to travel to London that day.
ALBERT JULDE MASHI:
He is the Managing Director of Nitel. He stated that on July 26, 2005 he received a letter from the office of the Hon. Minister of Communication forwarding letter from Congressman Jefferson to Vice president Atiku Abubakar on the need to use iGate technology in Nitel’s exchanges through it Nigerian partner – Rosecom.Net. He further stated that they replied the letter communicating that Nitel is already offering IP wholesale and cannot therefore partner with any company unless the company agrees to use the technology that NITEL has already acquired from ZTE. He concluded that nobody prompted him to reconsider Rosecom.net business. He also said that he did not receive any sample of approval to co-locate iGate/Rosecom technology in Nitel and neither did he receive any correspondences from any official of iGate, Jefferson and Rosecom.net on the need for iGate to co-locate its Dslam with Nitel. He also said that he has no personal relationship with Alhaji Yahyah of Rosecom.
SULEIMAN YAHYAH:
He is the chairman and CEO of Rosecom.Net and is behind all the deals between iGate and Rosecom.Net. He stated that Rosecom relationship with iGate started in June 2004 when he visited UK and the US under the sponsorship of Investment and Security Tribunal to explain to Congressmen, among other US agencies. He stated that he was received by Jefferson and three other Congressmen while in America and it was during their meeting that they exchanged cards with Jefferson who became interested in his line of business and arranged for a meeting where they discussed the iGate deal and he was introduced to Mr. Jackson the President of the company. He continued that initially iGate agreed to sell the technology to Rosecom but later requested for a joint venture agreement. He also stated that in one of their meeting in August 2004 when they introduced the Joint Venture Company to him, Lori Mordi, Brett Pfeffer, Williams Jefferson were all present which was held in the law office of Jones Walker. He narrated that Jamila Jefferson, daughter to Jefferson and a staff of Jones Walker, was present as iGate attorney. They also had another meeting at Kentucky in May 2005 with Williams Jefferson and Vernon Jackson on the need to sign the draft agreement. He however said that they have not signed any agreement with Igate/w2IBBs because they refused to sign their portion of the agreement. He stated that Rosecom had to agree to the Nitel offer to stay in the business and because he started to have some reservations about the whole deal because the equipment did not obtain the US Federal Communications Commission’s approval. He further stated that the business failed because of their reservation and when iGate requested for advance payment of about $350,000, which they refused, without any commitment on their part. He stated that Nitel gave Rosecom.Net an offer on 29/4/05 for internet services but it did not include co-location of technology in Nitel exchange though there was a provision for that. He pointed out that Nitel later offered him another contract which was totally different from the first, completely ignoring the issue of co-locating technology in their exchange and that because of this, their partners Igate/W@-IBB2 became worried that Nitel will not use their technology leading to the Jefferson letter to Vice President Atiku Abubakar requesting that he use his influence to make Nitel rescind their decision. On the issue of the letter to Vice President he recalled that sometimes in mid 2005 he called Jackson on a different issue and Jackson told him that Jefferson had written a letter to Vice President to rescue the Roecom/Nitel deal. He said that after the letter was faxed to him he immediately called Jefferson, voicing his objection on writing that Rosecom is a small telecommunication company and that Rosecom was not consulted before writing the letter. He said Jefferson told him that the letter to Vice President is a private business between him and the Vice President. He finally stated that he is not aware of any issue of payment of 25% of his expected profit to anybody and that there was even no reason for the payment.
MUHAMMED N. HARUNA:
He is Deputy Director in the Ministry of Communication in charge of Planning and Monitoring. He stated that on July 25/ 2005 he received a letter from the office of the Vice President forwarding a letter addressed to the Vice President by Congressman Jefferson for delivery to Nitel. He stated that on receipt of the letter he immediately wrote to the Managing Director requesting for his reaction. He stated that the Managing Director responded on 10/8/05 and on the strength of that he wrote to the Deputy Chief of Staff to the Vice President to the effect that there is no subsisting agreement between Nitel and Rosecom.Net for co-location of iGate technology. He stated further that he had never met anybody whether Nigerian or foreigner on the matter apart from correspondences and that he does not know Williams Jefferson and that he has no business with Suleiman Yahyah of Rosecom except in respect of a lease his company, Madeira properties, won for the lease of NIPOST post office project at Maitama on a Build, Operate and Transfer (BOT), awarded by the Ministry’s Tenders Board which he was the secretary.googletag.cmd.push(function() { googletag.display('comments'); });
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