Defogging the Seplat’s Criminal Charges
Onyedikachi Uba
Last week, the Federal Government of Nigeria (FGN) filed a four-count criminal charges against Seplat Energy Plc; its CEO, Mr. Roger Brown; and the Chairman, Board of Directors, Mr. Basil Omiyi to the Federal High Court, Abuja. Also charged were Independent Non-Executive Directors (INED): Dr. Charles Okeahalam, Prof. Fabian Ajogwu, Mrs. Basirat Odunewu, Mr. Rabiu Bello, Ms Emma Fitzgerald, and the Company Secretary/Legal Counsel, Mrs. Edith Onwuchekwa.
Marked FHC/AB/CR/149/2023, the lawsuit, which accused the Defendants of several criminal breaches of the Immigration Act 2015 and reads: “That you…on or before the 9th day of March, 2023 at Seplat Energy Plc Head Office 16 A Temple Road Oluholloway, Ikoyi, Lagos, within the Jurisdiction of the Honourable Court, did conspire among yourselves to allow Mr Roger Brown accept employment as CEO at Seplat Energy PLC without the consent of the Comptroller General of Immigration, contrary to Section 36 (1)(a) and 71 of the Immigration Act 2015 and punishable under Section 36 (2) and Section 71 (a) of the Immigration Act 2015.
“That you…did conspire among yourselves to allow Mr Roger Brown take over business as Chief Executive Officer of Seplat Energy Plc without the consent of the Minister of Interior, contrary to Section 36 (1) (b) and punishable under Section 36 (2) and Section 105 of the Immigration Act 2015.
“That you… as director, secretary, members of board of directors of Seplat Energy PLC as the case may be, did instigate, encourage, connive, by neglect on your part, allow Mr. Roger Thompson Brown, a non- Nigerian to accept employment as Chief Executive Officer of Seplat Energy PLC even after withdrawal of his immigration documents, contrary to Sections 36, 71 and 105 of the Immigration Act 2015 and punishable under Sections 36(2) 105(1) of the Immigration Act 2015.
“That you did refuse to make an application to the Comptroller-General of Immigration for his permission before employing Mr. Roger Thompson Brown both as Chief Finance Officer and Chief Executive Officer of Seplat Energy PLC, contrary to Section 38(1) of the Immigration Act 2015 and punishable under Section 38(5) of the Immigration Act 2015”.
No date has been fixed for the arraignment of the Defendants.
Weighty matters
Meanwhile, reacting to the suit, Seplat, in a statement by the Board Chairman and a Defendant, Omiyi, stated: “Seplat Energy has become aware of a suit filed at the Federal High Court sitting in Abuja by the Nigeria Immigration Service (acting for the Federal Government of Nigeria) against the Company and some of its Directors and Officers. The suit is in relation to the immigration status of Mr. Roger Brown and the withdrawal of his immigration visa by the Ministry of Interior.
“Seplat Energy remains confident that it has provided all of the required documentation to the Ministry of Interior and the judicial process will address the circumstances appropriately…”.
But the question remains: Is the matter as simple as that or is Seplat being dishonest and making light a very serious and criminal matter? Section 36 (1) of the Act provides: “No other person other than a citizen of Nigeria shall: (a) accept employment (not being employment with the Federal, State or Local Government) without the consent in writing of the Comptroller of Immigration…without the consent in writing of the Minister given on such by or on behalf of such persons, as the Minister may prescribe”.
Section 36 (2) provides: “Any person desirous of entering Nigeria for any of the purposes in sub-section (1) of the Section shall produce the consent of the Comptroller-General of Immigration to an immigration officer; and the failure to do so shall be an offence, and any person who commits such an offence shall be liable on conviction to a fine of one million Naira or deportation or both as a prohibited immigrant”.
The Nigeria Immigration whose statutory duty is to issue the consent contends that Seplat did not get such approval and therefore have committed criminal offence Nigeria. While it is still subject to court verdict, it is deceitful to claim that the lawsuit was just about Brown’s immigration status.
Also, Section 71 states: “Any person who conspires with another person to commit an offence under this Act or any other relevant law commits an offence and is liable- (a) where the offence is committed, to the punishment provided for the commission of that offence under this Act or any other such relevant law: provided that where the offence is committed for the purpose of enabling the smuggling of an immigrant, notwithstanding any penalty provided for that offence in any other such law, the offender is liable on conviction to imprisonment for a term of ten years and a fine of One Million Naira or both….”
Equally instructive is that the alleged crimes for which Seplat has been charged could actually lead to the winding up of the company if convicted. Section 105 (1) of the Act states: “Where an offence under this Act or any other relevant law committed by a body corporate is proved to have been committed on the instigation or with the connivance of or is attributable to any neglect on the part of a director, manager, secretary of the body corporate, or any person purporting to act in any such capacity, the officer or person is liable on conviction to imprisonment for a term of three years or to a fine of Two Million Naira or both….”
Additionally, Section 105 (2) stipulates: “Where a body corporate is convicted of an offence under this Act, it is liable to a fine of Five Million Naira and a court may issue an order to wind up the body”.
Playing the ostrich
Unfortunately, Seplat, in a wilful display of needless arrogance and shocking lack of crisis management skills, has continued to play the ostrich. Rather than face the reality, Seplat appears more interested in engaging in PR/media campaigns to blackmail the FG with the weak argument avoiding the discouragement of Foreign Direct Investments (FDI). Pray, how does upholding the rule of law become an impediment to FDI? Does the UK where Roger Brown hails from bend their laws and condone criminality to promote FDI?
Indeed Seplat, Brown, and Omiyi should blame themselves for allowing the company’s troubles to balloon out of proportions. First, there were allegations of racism, discrimination against Nigerians, favouring of foreigners, and series of alleged actions that were anti-Nigerian strategic national interest and in apparent breach of local content laws, etc. levelled against Brown by Nigerian workers in Seplat in their January 2023 petition to the Ministry of Interior. But Seplat’s PR consultants have not bothered to ask why the company failed to address those serious complaints to warrant a petition to the FG or why Seplat failed to act when a late 2022 company survey showed massive staff dissatisfaction with and deep mistrust for the company’s leadership. Maybe the same problem of playing the ostrich.
Interestingly also, in revoking Brown’s immigration papers, FG’s 3rd March 2023 letter read: “Testimony was received from several witnesses, which supported the allegations…. Investigation and records in the Ministry also revealed that Mr. Roger Brown was in possession of CERPAC (Combined Expatriate Residence Permit and Aliens Card) that was not based on validly issued Expatriate Quota approved by the Ministry of Interior resulting to the violation of relevant Immigration Laws and Regulations…. Mr. Roger T. Brown declined to attend despite two invitations, claiming to be unavailable even though we learnt he was in Abuja for other purposes at the time”. Would the UK authorities have patted a Nigerian immigrant worker on the back for snubbing their invitations even for less grievous alleged infractions?
As if such impudence was not enough, Seplat Board, upon receiving FG’s letter conveying the revocation of Mr. Brown’s visa, residence and work permits, quickly issued a rather combative statement repudiating FG’s action and absolving Brown of any infractions. The statement signed by the Board Chairman, Mr. Basil Omiyi, read in part: “On 8th March 2023, the Board of Seplat Energy unanimously passed a vote of confidence on Mr. Brown, who continues to discharge his duties and responsibilities as CEO from the Seplat UK office”. And to make good their statement, Mr. Brown continued to carry out the functions of CEO of Seplat, a Nigerian registered firm without the approval of the FG.
Even in the latest of their three selectively forgetful statements riddled with apparent duplicities, Seplat still failed to address the real issue concerning the charges, which is that Mr. Brown continued to work without the necessary papers and even after he was declared a persona non-grata. Instead, it claimed it had submitted the necessary documents to the FG. But assuming they did, were they not supposed to wait for the government’s response/clearance?
In conclusion, it is an aberration to say that punishing culprits of racism and criminal violations of Nigerian laws will affect FDI into Nigeria. If anything, the appropriate actions taken so far on this matter by the FG will enhance FDI. This explains the enormous support the FG has enjoyed in the media and amongst Seplat’s employees and host communities on the handling of the matter.
Sadly, Seplat under Brown and Omiyi is like the proverbial man, who fetched an ant-infested firewood. It has also become another biblical story of King Solomon and the two harlots. Whereas the woman, who is not the mother, didn’t mind the child split into two, the true mother readily gave up custody so the child would live. The two founders of this Nigerian energy giant retired in keeping with promised corporate governance and in company’s interest, but the duo of Brown and Omiyi (who has spent 10 years on the Board overstayed by a year) are clutching desperately to their offices despite the deluge of controversies, crisis, and now criminal charges they have enmeshed the company and themselves in. Is it the pecks of office or unfinished businesses? Only time will tell.
Uba, a public affairs analyst, writes from Asaba
