TRULY DEFOGING THE FILING AND IMMEDIATE WITHDRAWAL OF CHARGE AGAINST SEPLAT AND ITS BOARD

The Nigerian Immigration Service had on 6th April 2023 filed a charge and hours later withdrew the charge. Analysts are curious as to why the NIS would file such frivolous charges and withdraw same about an hour after it was filed.

Recall that some weeks ago, major news outlets reported that the Federal Government of Nigeria had through the Nigeria Immigration Service filed a Charge dated April 6, 2023. However, our news correspondents have now observed that the Charge had long been withdrawn/ discontinued by the Federal Government of Nigeria on the April 6, 2023 (the same day).

The withdrawal of the Charges on the same day it was filed now leaves analysts wondering the purpose of its filing on the same day. Was there any motive behind its filing? Was it ill-conceived, pre-conceived or misconceived? Was it done in good faith or in bad?
Whatever the motives for the filing and withdrawal of the Criminal charges were, one cannot but note the apparent inconsistencies appearing on the face of the Criminal Charges. On the one hand, the Charges alleged that the Chief Executive Officer was employed without a work permit. On the other hand, the Charges also presupposes that the Board encouraged Mr. Brown to accept employment without work permit after the withdrawal of his work permit. Can the Nigeria Immigration Service withdraw a work permit when same was not granted in the first place?
Nigeria Immigration Service alleged that it withdrew the work permit on March 3, 2023, and alleged that the Chief Executive Officer accepted employment without work permit. The entire energy industry knew that the Chief Executive Officer had been working in Nigeria since 2013 when he was appointed up until he had to travel out of Nigeria following the withdrawal of his immigration documents.

How then could he be said to be working in contravention with the law when he has not been in Nigeria to undertake employment or duties as the Chief Executive Officer? All of these are glaring contradictions by the Nigeria Immigration Service on the unfounded allegations of some persons said to be unknown third parties.

There is the possibility that the charges were withdrawn owing to the apparent contradictions on the face of the Charges. The Chief Executive is instrumental to completing the dual listing of the company on the Nigerian and London Stock Exchanges, which was the first for a Nigerian corporate. He was also known to be instrumental in broadening the capital base of the company and increasing its footprint in Nigeria by acquiring oil and gas assets.

The withdrawal of his immigration documents was in March 2023, over 30 months after his appointment as Chief Executive and about 9 years and 9 months after his appointment as CFO.

Some anonymous sources have also concluded that the criminal charge is another typical example of unknown forces misleading an agency of the federal government to frustrate lawful businesses, destroy shareholders’ investments and harass law abiding citizens of the Federal Republic of Nigeria and intimidate Seplat and its board for doing the right thing and upholding.

A lawyer who prefers anonymity and who claimed to have seen the court papers said he was embarrassed that the Nigerian Immigration Service could file such a frivolous charge. According to him, “the charge and proof of evidence attached to it starkly contradict themselves; it shows some people are using government agencies to achieve personal vendetta”. “Look at notice of withdrawal of CERPAC issued by Ministry of Interior, they claimed to have withdrawn the recipient’s CERPAC and in the same breath accused the recipient of working with illegal work permit”. “Can you withdraw what you did not issue?” “Look at the Affidavit of Completion of Investigation, it was copiously stated that investigation was still ongoing. What then is the basis for filing the charge in the first place?” “I am embarrassed that Nigerian Immigration Service could file such a frivolous charge against such well-respected and credible board members of a company listed on both the Nigerian and London Stock Exchanges.”

“I also learnt that the charge and the notice of withdrawal were not served on the company and the board of directors, that shows you how some agencies of government could allow themselves to be used by some powerful people, it doesn’t make sense”.

Since the news of the cancellation of the immigration documents of the Chief Executive Officer of Seplat Energy Plc broke out, the company’s shares have suffered a sharp decline, and all manners of suits aimed at scuttling the smooth running of the business of the company have been filed in various courts both in Lagos State and the Federal Capital Territory against the company and the Board.

One can guess whether the unending legal battles and trumped-up criminal charge is another case of ‘the voice of Jacob and the hand of Esau”. Time will tell, but clearly these inconsistencies will not help attract FDI.

More likely, the shake the confidence of foreign investors and scare good people from company administration.