History of Crude Oil Theft and Prosecutorial Indiscretions in Nigeria.

"Churches, mosques harbouring stolen crude oil products." “When we say we are losing several 700,000 barrels of crude oil daily, we mean it. This is opportunity loss. There is no company that will produce oil and then you lose 80 percent of that and continue to produce the oil." - Mele Kyari, NNPC GMD.

A few years ago, in 2011, to be precise, Nigerians experienced one of the most expensive, smooth, and expansive organized frauds ever perpetrated on the NNPC. The target was the Subsidy Funds, administered through the Petroleum Products Pricing Regulatory Agency (PPPRA). The perpetrators were dubbed bogus Petroleum Marketers who got high on supplies they didn't make. And in the end, more than N422 Billion of our wealth went into the wrong hands. And most of them were children of political heavyweights. Among them were the sons of two previous chairmen of the PDP.

Even though a previously disregarded Senate Committee report, detailed a massive fraud going on in the Subsidy regime, the Mallam Farouk Lawan House of Reps Committee that followed, was submerged in a $600,000 bribery controversy, and its report was consequently discredited.

When the saga was unfolding, I wrote and published s a long essay on my Blog as well as on this Facebook Wall, wherein I argued that such an investigation shouldn't take rocket science to unravel the mystery surrounding the delivery of petroleum products to the gov government. In addition, I stated that the specified suppliers should show us proof of the shipping and the days and times of their supply or delivery.

At the time, I wish I had the power to act as President or the Minister of Justice for just one day and send the perpetrators to jail without trial. And I grieved in silence for my beloved country, being helpless in solving a crime that wasn't even sophisticated in execution.

However, after a much-disturbing lackadaisical display surrounding the allegations, President Goodluck Jonathan set up an investigatory panel headed by Mr. Aigbogie Aig-Imoukhuede. When their report came out, it was exactly as I argued and expected. In the report, they established beyond reasonable doubt that some of the ships identified by the bogus marketers didn't exist. In addition, a few others did exist but were not in Nigerian Territorial Water during the date of their alleged delivery of petroleum products to PPPRA.

The Aig-Imoukhuede's report made two standout recommendations. One, some of the culprits should be made to refund to the government the amount of money paid out to them, and two, a few others should be prosecuted and sent to jail to serve as deterrents. Yes, serve as a deterrent.

Only President Jonathan's Minister of Justice and Attorney General plus the NNPC Management team can say for sure how much of the Stolen funds they were able to recoup from the bogus marketers as well as the percentage of the scammers they prosecuted and sent to jail. And that's the reason for this essay - prosecutorial lapses.

About two weeks ago, the leadership of the NNPC, headed by the Group Managing Director, Mr. Mele Kyari, held a press briefing. In it, he accused a lot of unidentified Nigerians of participating in the vandalism of oil pipelines. He added a few others who were using Mosques and Churches to warehouse illegally acquired oil products were arrested. That was about fifteen days ago. As I write, the NNPC is yet to reveal to Nigerians the identity of those taken into custody or the location of the raided mosques and churches.

Over the years, we have heard arguments about President Buhari not being liable for the failure to act or the below-expectations performance of his subordinates or appointees. In other words, we shouldn't hold him accountable for how he exercises his power of appointment under the doctrine of delegated authority. Well said. Nevertheless, as long as the buck stops at President Buhari's Desk, he's vehemently and unequivocally responsible for the failure to act, incompetence, or prosecutorial lapses of those he appoints to work in his administration.

We want to see the DSS report. We want to know who is using Mosques and Churches to pillage our expected revenues from crude oil sales. We can't be passive observers in state affairs, while a few well-placed Nigerians have hijacked the mainstay of our economy and millions of poor parents can not afford school fees for their children.

When I was in graduate school, I did a case study on SONATRACH, the Algerian Oil Giant, in my International Petroleum and Comparative Laws course. SONATRACH is the equivalent of our NNPC. Before the unbundling of the corporation, it was greater than the government of the country, Algeria. It was the King Maker. It determined the allocation of political power, to whom, and when. And it was graft and corruption-ridden.

Then, came into office a Pharaoh who knew not Joseph and the gavel fell massively on the once untouchable behemoth. A lot of people went to jail, including the Vice President of the corporation and his son. At the time of my paper in the Spring of 2011, SONATRACH was one of the best-run States Oil companies in the developing world and it had investments and partnership deals with other oil giants across the globe. Above all, there was a public record of an indictment, prosecution, and imprisonment. And that's the making of a deterrent.

A few years ago, one former NNPC Group Managing Director, Mr. Andrew Yakubu, who hasn't been in office for a year, was caught with $9.7M and about £74,000 buried in his uncompleted building in Sabon Tasha, Kaduna State. Well, he confessed to the EFCC agents that the money belongs to him, but added that it was a gift from an unnamed person. The State took custody of the money quite alright. However, a few years later, it was reported that the money has been returned to him.

Finally, I used to blame the DSS and EFCC personnel for not acting consistently with the modus operandi of the FBI. I'm wiser now, while the American FBI is dealing with an independent Department of Justice that doesn't take dictation from the White House on who or not to prosecute, our EFCC and DSS agents are dealing with a highly compromised and politically motivated Aso Rock and Justice Ministry/Attorney General.

In Nigeria, resignation is not an option, there is no other job readily available. So, I can't condemn our law enforcement guys for not resigning as their American colleagues are reputed of doing in the event of outside influence or interference in their operations. For now, let's hope and pray that come February 2023, Nigerian voters elect a President and members of the National Assembly who have what it takes to fight white-collar crimes and cleanse our MDAs and the entire corridors of power of corruption and greed. Insha Allah, it shall come to pass. Amen.

Mr. Alex Ehi Aidaghese is a Senatorial Candidate for Edo Central Senatorial District under the Accord Party.