2009 Forbes Profile of Billionaires: Femi Otedola joins Dangote on World’d Richest List

Femi Otedola(l), Aliko Dangote(r)

Femi Otedola(l), Aliko Dangote(r)

Nigeria may have the honour of having two of its citizens listed in the 2009 edition of the annual Forbes list of the world richest. Fortune&Class Weekly can report that Mr. Femi Otedola, Chairman of African Petroleum Plc and Zenon Oil and Gas would join Alhaji Aliko Dangote, the first Nigerian on the list […] Continue reading here.

Whistle Blowers Call SEC’s Attention To Eternal Oil Secret Moves To Acquire Afroil… Shares Manipulation Alleged

An under the table deal to acquire the shares of on suspension Afroil by Eternal Oil at the detriment of other shareholders in the company, has been exposed and reported to the Securities and Exchange Commission.

The SEC had in March 2008 announced the suspension in the trading of the shares of Afroil as a…

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Growing Suspicion Ndi Okereke-Onyiuke Is Planning To Transmute From DG To CEO

DG, NSE

DG, NSE

Not a few capital market watchers hailed the announcement of the demutualization of the Nigerian Stock Exchange. Literarily, demutualization is the equivalent of the stock exchange transforming from a quasi public sector self regulating organisation (SRO) to a publicly quoted company, accountable to its shareholders and governed by the laws and regulations that other publicly quoted companies are answerable to in the market.

Most stakeholders had commended the prospect of the demutualization in the expectation of the fresh breathe of life that would predominate in the capital market under a new leadership and operating environment. Some operators were particularly excited over the expectation that the current Director-General of the NSE, Prof. Ndi Okereke-Onyiuke, will not be qualified to continue in the office of the CEO of a demutualised stock exchange.

Recent indications emanating from the stock exchange, according to observers, are telling signs the DG is clearing the field to make her continued stay in the high office of the stock exchange secured even beyond the year 2010 proposed year for the demutualisation of the exchange.

Reports of recent administrative activities at the exchange indicate that Okereke-Onyiuke has been restructuring, personnel are being moved and new appointments being made. Of major concern to stakeholders is that some of the recent appointments at the exchange are somewhat connected to the DG. For this reason, the concerned stakeholders argued that the DG’s maneuvers suggest that she is positioning her people to pave the way for her come back to the head of the stock exchange after its demutualization.

TRANSGLOBE BECOMES MOST SUSPENDED STOCKBROKING FIRM IN THE CAPITAL MARKET

DG, SEC

DG, SEC

Apex capital market regulatory body, Securities and Exchange Commission (SEC) may suspend Transglobe Investment and Finance Company Limited (Transglobe) indefinitely over unethical practices.

According to a report by Proshare NI, a source made this affirmation to one of its reporters last week.

“SEC would suspend Transglobe over unwholesome practices,” the source reportedly said.

The source further affirmed that the suspension maybe indefinite and would take effect from sometimes next week; after an all parties meeting in Abuja, Nigeria.

It has been reviewed that a lot has gone wrong with the dealing firm under the Nigerian Stock Exchange (NSE).

Transglobe has been found to be illegally trading on shares of most of its clients, including a high profile client through the relationship its General Manager and acting MD/CEO had with a director of a multinational cooperative.

A letter signed by E.A Okolo on behalf of Musa Al-Faki, Director General (DG) of the Commission to the Cooperative and made available to Proshare NI; shows that SEC is currently investigating a case of fraud and misappropriation of funds belonging to the Cooperative of the multi national company by Transglobe.

The letter which was dated February 04, 2009 with reference number SEC/M & I/INVGT/MISC277/09 states that the SEC is currently investigating the case and in order to resolve the issues, has invited the Cooperative to an all parties meeting to be held at SEC’s Head Office on Thursday February 12 2009.

This issue has been raging on close to seven months now; which led to the suspension of Joseph Okolie and Sunny Ameh, acting Managing Director/CEO and General Manager (GM) respectively of Transglobe. It will be recalled that a case of Fraudulent conduct was delivered against the former MD/CEO: Mr. Wilberforce Onwuka.

SEC had on behalf of 31 complainants handed over Onwuka to the EFCC at the end of a hearing involving Transglobe because almost all of the 31 complaints against the company originated during his tenure as an officer of the company and occurred with his personal knowledge.

Currently, It has been affirmed that the firm owes billions of Naira; while its former Management in collaboration with some banks and fund managers made billions of Naira as well through share manipulations and financial engineering…especially on their transactions related to Geofluids Nigeria Limited.

This is coming on the heels of the resignation of two management members of the firm on the grounds of integrity concerns and interference by the Board of Transglobe and its former suspended management members of Joseph Okolie and Sunny Ameh. These members, we understand, are supervised by Mr. Sunny Obidiegwu, supervisory director and cousin of the chairman of the board, Nze Madako.

Prior to this time, the NSE had suspended Transglobe mid-2008 over infractions against its clients which include issuing of dud cheques, purchase of shares with clients’ funds in their names and not in the names of the clients; unbundling of shares purchased in the name of client not credited to the Central Securities Clearing System (CSCS) account but sold through contract notes.

The non-crediting of clients’ shares to its CSCS accounts; the use of funds provided for the purchase of shares for the cooperative, which was alleged not bought or/and unalloted, but for which bonus shares have been discovered in a separate CSCS account.

The use of clients’ funds as lien using fake seals and letter heads of the clients to procure facilities and non-verification of shares certificates of clients’ accounts.

As at the time of filing in this report, Proshare NI could not clarify the true status of the matter when it contacted Lanre Oloyi, Head, Media of the Commission. “I cannot confirm this issue at this moment due to an all parties meeting that has been scheduled,” he said.

Desperate brokers dump shares

Stockbrokers are reportedly becoming increasingly desperate with the near stalemate of transaction activities on the floor of the Nigerian Stock Exchange. It is said that increasing state of illiquidity in the market is telling on the lifestyles and operations of most stock brokers and their firms. In desperation many of the brokers are selling off stocks in their portfolio to keep a marginal liquidity position.

Market experts, however, argued that this desperate dumping of stocks by operators would further aggravate the bearish situation in the market because as more shares are dumped on the market the more shares prices head southward.

Despite Market Crash! Ndi Okereke-Onyuike Led Selected CEOs to Witness Obama’s Inauguration

Ndi (second from left) during her campaign for Obama presidency

Ndi (second from left) during her campaign for Obama presidency

On 12 January, 2009, the Director-General of the Nigerian Stock Exchange, Prof. Ndi Okereke-Onyiuke, had addressed a press conference where she expressed her frustration with how influential forces in government encumbered her efforts to get the Federal Government to intervene directly to save the fast dwindling fortunes of the Nigerian stock market.

Though the ‘Professor of Capital Market Studies,’ had, in the words of capital market experts, glibly talked of the hope of rejuvenating the stock market, but it seems what was uppermost in the consideration of the Nigerian Stock Exchange DG was the inauguration of Barrack Obama as the 44th President of the United States of America.

Prof. Okereke-Onyuike had, while Obama was campaigning for the office of the US presidency, run into a storm of scandal, when she reportedly invited corporate bodies in the country to pay sums ranging from N275,000 to N2.5 million for an Africa for Obama fund raising dinner for the Obama campaign.

The fund raising dinner was mired in controversy especially after it was made public that the US constitution frowns at funds raised by non-citizens of the United States of America. The uproar attending this became more aggravated when a representative of the Obama campaign wrote to condemn the fund raising effort; this is even as critics of the fund raising dinner in Nigeria had condemned the dinner as an arm twisting venture by the occupier of the high office of a regulatory authority to force the entities within her purview of control to donate money to a cause which relevance, they claimed, holds no significance for the people being made to pay for the fund raising dinner.

The public outcry that attended the fund raising dinner compelled the Economic and Financial Crime Commission to step into the affair and invited the NSE’s DG for questioning. At the end of the EFCC’s investigations, it was decided that the money so raised be refunded to those that paid for the dinner.

However, despite the apparent frustration of her efforts at supporting the Obama’s campaign, latest report indicates that the NSE’s DG had, top on her thoughts, the Obama campaign and the inauguration. Reports have it that soon after addressing the media this past Monday, 12 January, 2009, the Stock Exchange DG led some chief executives of listed companies on the Stock Exchange to the United States to witness Obama inauguration as the President of the United States of America.

Investors Accuse Stanbic-IBTC, Chapel Hill Of Fraud In Starcom Private Placement

A row is in the brew in the community of investors, especially, among those that bought into the private placement of Starcomms Plc last year. At the centre of the uproar are two issuing houses to the shares of Starcomms Plc, Chapel Hill Denham and Stanbic-IBTC.

Mr. Adebayo, one of the investors that bought the private placement of Starcomms Plc observed in a fit of frustration that it is very evident that “Starcomms Plc Private Placement” has become the epitome of “fraud.”

“The Placement of 4.95 billion shares, which opened and closed on 3rd June 2008 at a price of N13:00 appeared so attractive to investors at that time as it was over-subscribed,” Adebayo recalled.

Apparently angered at the down-turn of the investment, Adebayo explained that: “The projection in the placement memorandum says that the company will declare a loss of N197 million at the end of 2008 financial year end. Unfortunately, the company declared a loss after tax of N1.014 billion in the second quarter and N2.149 billion in the just released third quarter result.”

Starcomms Plc was listed at N13.56 on Monday, 14th July, 2008, between then and now, the price of the share had slid to a low of N3.86.

“In fact, the price dropped consistently to N7.46 less than two months after listing,” Adebayo opined. “The question to ask now is during that period, who was selling since most investors that bought shares during the private placement still had certificates that were unverified. Could it have been the original owners dumping on new investors? Can someone please explain why the variance between the forecast and the actual result declared is so staggering? Was money being laundered? What happened to the proceeds of the placement? How much expansion has the company embarked upon since the placement?” Adebayo queried.

Another investor frontally accused the two issuing houses to Starcomms placement, StanbicIBTC and Chapel Hill Denham, a capital market operator that was recently selected as one of the market makers for the Nigerian Stock Exchange. Concerned investors argued that the two issuing houses lent their brand names to be exploited by Starcomms to defraud them.

“The placement was actually successful because Starcomms Plc leveraged on the good name and credibility of Stanbic IBTC Bank Plc and Chapel Hill Advisory Partners. But looking at the whole situation closely, it seems there is more to what we can see. It’s so obvious that Starcomms’ goal from the word go was to defraud the public,” an investor submitted.

“Another question begging for an answer is the role of the two issuing houses in this? Or did Lababidi/Starcomms Plc (Chief Maan Labadidi is the Chairman of the board of Starcomms Plc) act alone?” Adebayo asked. While trying to establish a connection and possible connivance to defraud investors, Adebayo questioned the appointment of Mr. Wale Edun, Chairman of the board of Chapel Hill as a non-Executive Director of Starcommc Plc.

“I want to question the connection between the sudden appointment of the Chairman of Chapel Hill Advisory (Mr. Wale Edun) as a non-Executive Director of Starcomms Plc? Have the Securities and Exchange Commission (SEC) and the Nigerian Stock Exchange (NSE) been asking any questions? How have the professional parties to the placement been able to comply with post-listing compliance requirements? Why are the regulatory bodies keeping mute about this great injustice to investors?” Adebayo queried.

Giving further revelations of the intentions of the Chairman of Starcomms to approach the capital market to raise funds for another company that he has interest in, Adebayo said:

“We hear that the same Lababidi now wants to bring another company to the market (Supreme Flourmill Ltd); this only shows that this individual thinks we are all fools in Nigeria. Please beware of this offer,” Adebayo warned other investors.

Commenting on what investment in Starcomms had turned to, Mr. Ajisafe, another investor opined:

“This is a serious matter and I have decided to sensitise everyone on my list thereto. This is, no doubt, a huge fraud and I am of the opinion that the SEC and NSE should stand indicted in the whole affair! Also, the two issuing houses, I believe, have an explanation to make to unsuspecting investors because investors relied on the strength of their analyses to buy the Starcomms offer. This is shameful and I submit that the matter be investigated and all those found to be culpable be treated in line with the IST sanctions. They are no better than Madoff! Moreover, investors should be wary of issues by the concerned issuing houses (Chapel Hill and StanbicIBTC),” Ajisafe submitted.

Another investor said of the suspicion of collaboration to rip investors on the Starcomms’ private placement.

“It is amazing what our corporate gurus are doing to stay on top of the ladder, gone were the days when our industrialists gave to charity, now our so called industrialists have board meetings and make strategies on how to use their companies to defraud the masses. We are all talking about Madoff but oblivious to the presence of individuals perpetrating worse atrocities right here in Nigeria. We all know that hedge funds are not regulated, and that probably explains why they are able to get away with all they do. How do we justify or indeed explain the flagrant act of fraud against the public in a regulated market? Starcomms came into the market to raise capital, many unsuspecting investors rushed at it, expecting high returns on their investments; it is a pity that it is now a different story entirely. It is obvious that being a politician is not the only way to “rush” up the ladder of wealth; the capital market is an untapped goldmine to fraudulently enrich people who are influential in the business and financial sectors, thanks to our Indian “friend.”

In a statement made available to Fortune&Class Weekly by officials of Chapel Hill Denham, one of the issuing houses to the Starcomms private placement, the issuing house noted that “several investors never read the PPM or all the documentation made available at the time of the placement and many bought through brokers and friends, who were among those invited and never actually saw any documentation and never understood that it was sold as a growth stock, which would make a loss in 2008 (albeit, a smaller loss than we expect to see for 2008), a profit in 2009 and pay dividend in 2010.”

Chapel Hill Denham further asserted in the statement that, “What essentially has happened is that a completely unforeseen heavy subsidy led competition by Visafone and Telkom Multilinks, has meant Starcomms spending about N2 billion more on subsidies than was projected. Essentially, a line with a handset costs about $45 each and it was being sold at N10 each. Starcomms board and management felt that it did not yet have the scale from a subscriber perspective at 1.2million gross subscribers, to stay out of this battle for subscribers.”

The statement further explained that Starcomms had over the years to over 2.5 million gross subscribers, higher than the business plan but at a hefty cost.

“This subscriber’s base will be beneficial this year and beyond, as you can imagine that over two million subscribers spending about $15 per month should generate revenue of about $350 million in 2009. This is not a business in distress by any circumstances,” the Chapel Hill Denham statement observed.

The management of Chapel Hill Denham also explained that contrary to the rumour being spread, the founders, the Lababidis actually increased their holding during the private placement, spending about $17million directly and indirectly, through their other businesses.

“The only shareholders who sold during the placement were the two private equity firms, Actis and ECP, for whom the funds they invested from had come to the end of their life and had to return the money to their investors and partners. All of these were disclosed to investors in the private placement,” the statement noted.

No official of Stanbic-IBTC was available for comment.

ANOTHER FIT OF RANTING AT OFFICIAL INANITIES OF 2008

ULD by ol’Victor Ojelabi

No year had compared with the cataclysmic datelines in economic history since the great depression until the year 2008 came along. Global economic growth had skyrocketed over the last 20 years engendering a new measure of comfort and access to luxury as the population of the wealthy ballooned by the day. By the end of the first quarter of 2008, the stock market in Nigeria and those across the world had recorded mirthful growth, that the Nigerian bourse was rated the highest most profitable stock exchange in terms of returns on investment in the emerging market segment this is just as other investors around the world celebrated returns on their investment.

But by the beginning of the second quarter of the year, economic metrics started showing stressful signs of falling decimals on the statistics of economic performance measurement, this, soon engulfed news emerging from all sectors of the economies across the globe. Nigeria had capitulated even before the formal announcement of the global financial meltdown; the nation’s institutional regulators had frantically talked our stock market into a crisis, obviously, since non of these regulators were instrumental to the buoyancy of activities in the market either by deliberate planning or policy thrusts, they can’t, even up till now, fathom why the market took a dive from pronouncements that they apparently considered innocuous.

It is an enduring hall mark of the profligate characterization of the managements of the Central Bank of Nigeria, Securities and Exchange Commission and the Nigerian Stock Exchange that they still explain away the N3.2trillion lost to investors lose of confidence in the market as mere market correction. These institutions responsible for the state of health of the Nigerian Stock Exchange decidedly got inebriated with the unplanned success of the Exchange and having a lack of the knowledge of the growth trajectory of the Exchange they riotously claimed right of proprietary authority over the Exchange resulting in regulatory agencies brick bats that added to scaring investors in the country: A CBN outlawing margin loans by commercial banks, a SEC increasing by more than 1000 per cent the capital base of stock brokers, and an NSE that encouraged white collar daylight robbery by allowing dead companies to trade and did not see the need to investigate the moribund stocks when their prices galloped into the north by more than 5,000 percentage point. When the reality dawned on gullible investors, the stock market became an atrocious platform for losing money for eternity. Simple, no hope of recovering lost investments.

This is the sorry commentary on the nation’s stock exchange, unfortunately, the larger macro economics is the worst for it. Again, finance ministry officials and their alter egos in the CBN, those, who, up till this moment, cannot provide in logical sequence, reasons crude oil price shot to a high of $148 before its sudden dive for the dirt as last year prepared its curtains down, are busy in reassuring the nation that it would not be affected in the consequence of the global financial meltdown.

In an import dependent country where even toothpicks are imported into the economy, is it not logical that all the malignancies that diseased the exporting economies from which we import our goods and services are certainly imported into the country. The naira had since crashed against the benchmark dollar in the foreign exchange market; crude oil price is yet to settle at its economic natural point on the downward drive in the face of present realities and the nation profiles an infrastructure deficit that threatens to kill off any wealth sustaining or creating initiative. Yet the experts in Abuja talk flippantly of a national economic that can withstand the onslaught of the consequences of the global financial meltdown. Noting can be more rubbish.

It all adds up to a year that once again underscores the deficient capacity for planning and projection by Nigerian officials. If this limitation is restricted to plannessness perhaps we could have found succor in the fact that all the needed to be done to rehabilitate our ramshackle economic thinking space is to provide officials the incentives appropriate to thinking for tomorrow. Unfortunately, this won’t change anything, government officials have turned economic initiatives and policy thrusts into glib political maneuvers as if the business community has become object of conquest. This was very much underscored when the Governor of the Central Bank of Nigeria (CBN), Prof. Chukwuma Soludo, after denying any inappropriate policy resulting in the crashing naira for upward three weeks was forced to confess to members of the House of Assembly that were concerned enough about the turbulent engagement of the economy that they invited the governor to come and explain the direction of his monetary policies. The Professor of Economics had tongue in cheek told the House of Representatives panel that it was a deliberate policy of the CBN to let the naira depreciate.

Sadly, because Nigerians have become so shell-shocked to inanities of government and its officials nobody picked bones with the CBN Governor. In other more decent climes, the CBN Governor would have been asked to resign his office. Is it not reasonable for the purpose of planning and budgeting both by policy makers in the public and private sectors for the CBN to release a public statement informing the country of the CBN’s intension to allow the naira to depreciate and give a minimum two weeks notice. This would allow decision makers to know to plan and have an implementation procedure in response to the planned currency depreciation.

Rather, the CBN let loose the depreciation as if it was a war strategy on the business community. Really bad. Would things change in 2009? Hardly, despite President Umar Musa YarAdua’s commitment to realizing the potential of Nigeria in the New Year through the empanelling of a new federal cabinet, the fact of the matter is simply about lack of quality consciousness and sense of responsibility of government officials to Nigerians and project Nigeria. When other countries are engaged in strenuous efforts to rescue their economies, there is no outward sign by government in Nigeria of a serious effort to salvage an economy that may be inexorably headed for the sewage.

As published in the January 11th Edition, Issue 49, Vol 1.