BFIGroup has written to the embattled former Director-General of the Bureau of Public Enterprises (BPE), Alex Okoh, to demand immediate retraction of allegations that the company attempted to defraud the Federal Government of €100 million.
BFIGroup is the Nigerian-American consortium declared winner of the bid for the Aluminium Smelter Company of Nigeria (ALSCON) at Ikot Abasi, Akwa Ibom State by the National Council on Privatisation (NCP) in 2004. The win was later cancelled in controversial circumstances, triggering a protracted legal battle that culminated in a Supreme Court order on July 6, 2012.
The Supreme Court ruling was “an order of specific performance” to BPE to rescind its earlier decision to cancel the bid, reinstate BFIGroup and hand over ALSCON.
Under the bid guidelines, BFIGroup, which was declared the winner and preferred bidder with an offer of $410 million, was expected to make an initial payment of 10 percent of that amount ($41m) within 15 working days of the receipt of the letter declaring it winner, and the balance within 90 calendar days after the signing of the share purchase agreement (SPA).
But Okoh claimed BFIGroup attempted to defraud the Federal Government by issuing a dud cheque in lieu of the 10 percent payment that should have been made on the order of the Supreme Court.
BPE serial disobedience
When BPE refused to obey the apex Court’s order, BFIGroup approached the Federal Appeal Court, Abuja presided by Justice Abdul Aboki which reaffirmed the sanctity of the Supreme Court ruling and a demand for BPE to immediately comply.
As a result of the serial disobedience of court orders and refusal to fully execute the judgments of the Supreme Court and Court of Appeal, Justice Anwuri Chikere of the Federal High Court, Abuja in 2019 ruled on an application by BFIGroup that Okoh be sent to jail till he purges himself of acts of disobedience of court orders.
This newspaper reported on Wednesday about the pending ruling on the appeal by BPE by the Supreme Court earlier scheduled for October last year, but rescheduled to Friday, January 26, 2024.
Former BPE DG reacts
In his reaction to the publication, Okoh did not only accuse the reporter, without evidence, of bias and consistent harassment, but also of corruption, by being on the payroll of BFIGroup.
Also, Okoh claimed BFIGroup attempted to defraud the Federal Government by issuing a dud cheque/transfer in the sum of €100m ostensibly for the payment of the initial 10 percent of the bid offer for ALSCON.
“Thank you very much for your publication, which is in line with your consistent interest. I think you forgot to mention that your company, BFIG attempted to defraud the FGN by issuing a dud cheque/transfer in the sum of €100m for the purported payment of the 10% ordered by the Supreme Court. That has been ascertained by security and financial crimes agencies,” Okoh alleged in a WhatsApp message he sent to the reporter in reaction to the earlier publication.
BFIGroup denies allegation
When confronted with the allegations, the Chairman/CEO of BFIGroup, Reuben Jaja, vehemently denied the claims by Okoh, saying such an attempt was never made by the company.
Jaja said neither him nor any member of the Board of the BFIGroup has ever been confronted by any of the anti-graft agencies with this allegation by Okoh.
“This is part of the wicked falsehood and campaign of calumny by BPE and its top officials to attempt to justify the criminal efforts to frustrate and deny BFIGroup the benefit of its winning of the bid for ALSCON.
“For almost 20 years, various courts, including the Supreme Court, have looked at our case, and issued specific orders, which BPE has consistently disobeyed with impunity. If we have endured the frustration of not allowing us to enjoy our win, we will not accept any attempt to rub salt on our injury by this calculated attempt to defame our character and damage our reputation,” Jaja told our reporter.
Legal notice
In a legal notice dated January 13,2024, sent to Okoh, the BFIGroup Chairman gave him till Monday, January 15, to retract what he called “injurious and malicious statements against BFIGroup.“
In the demand notice, a copy of which was sent to BFIGroup USA Legal Counsel, Jimmy Williams, Esq., Jaja said the Board of BFIGroup had carefully reviewed the comments credited to the embattled former DG of BPD and found them to be “reckless falsehood and injurious to the reputation of our company.”
“Consequently, I am directing you to immediately retract your comments with a copy to BFIGroup not later than close of business on Monday January 15, 2024.
“Failure to comply will leave us with no option other than to initiate legal action against you for serious damage done to our company.
“Your retraction must also include a statement disassociating Mediatracnet.com personnel from the ownership/staff/employee or agent of BFIGroup as claimed by you.
“This is our final notice and warning to you, so be properly guided,” the notice stated.
