FG sues Seplat Energy Plc, officials over $37.5m tax evasion

The Federal Government of Nigeria has filed a lawsuit against Seplat Petroleum Development Company Limited (Seplat Energy Plc) and 12 senior executives for alleged tax evasion amounting to $37.5 million.

The Federal Inland Revenue Service (FIRS) filed the suit, numbered FHC/L/982C/24, at the Federal High Court in Lagos. It alleges that Seplat and its officials purchased a participating interest in oil mining licenses (OMLs) 4, 38, and 41 in 2010 but failed to pay the statutory stamp duties on the purchase agreement. The unpaid taxes, including accruing interest, total $37,581,083.40.

According to the FIRS, “By evading the said tax, the company and its officials committed an offence, contrary to Section 23 of the Stamp Duties Act and punishable under Sections 111 and 112 of the Stamp Duties Act (as amended).”

The defendants are also accused of counterfeiting the seal of the Commissioner of Stamp Duties and affixing it to the purchase agreements of the OMLs.

The executives named in the case are:

Roger Brown (CEO)

Samson Ezugworie (COO/Executive Director)

Eleanor Adaralegbe (CFO/Executive Director)

Effiong Okon (Managing Director, ANOH Gas)

Ayodele Olatunde (Managing Director, Seplat West)

Obi Ada Itotoi (Managing Director, Seplat East)

Pius Ozoemenah Udeh (Managing Director, Elcrest)

Edith Owuchekwa (Company Secretary)

Chioma Yvonne Afe (Director, External Affairs)

Okechukwu Mba (Director, New Energy)

Alasdair Mackenzie (Director, Strategy and Planning)

Steve Ojeh (Director, Corporate Services)

The five-count charge against the defendants emphasizes the federal government’s efforts to enforce tax compliance within the oil and gas industry.

COUNT 1: That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE,EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 and OML 4I and failed or evaded to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the sum of $37,581,083.40 (Thirty seven million, live hundred and eighty one thousand, eighty three dollars and forty cents only) a sum due and payable to the Federal Republic of Nigeria in so doing, committed an offence, contrary to S. 23 of the Stamp Duties Act and punishable under S.111 and 112 of the Stamp Duties Act (as amended).

COUNT 2: That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE,EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 and OML 41 and did unlawfully and willfully evade the payment and remittance of duties, fines, penalties and debts due to the Government of the Federation imposed on the executed Purchase Agreement to acquire Oil Mining Lease 4, 38 and 41, in the sum of $37,581,083.40 (Thirty seven million, five hundred and eighty one thousand and forty cents only) and in so doing, committed an offence, contrary to and punishable under S. 111 and 112 of the Stamp Duties Act (as amended).

COUNT 3: That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 the executed Purchase Agreements and the accruing interest in the sum of S eighty three dollars and forty cents only), a sum due and payable to the Federal Republic of Nigeria and in so doing, committed an offence contrary to and punishable under S. 32 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

COUNT 4: That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38and OML 41 and failed or evaded to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the sum of $37,581,083.40 (thirty seven million1, five hundred and eighty one thousand, eighty three dollars and forty cents only a sum due and payable to the Federal Republic of Nigeria in so doing, committed an offence, contrary to and punishable under S.40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

COUNT 5: That you SEPLATPETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA and STEVE OJEH on or about 2010 in Nigeria and within the jurisdiction of this Honorable Court, did counterfeit the seal of the Commissioner of Stamp Duties by inserting same on the purchase agreement of OML 4, OML 38 and OML 41, for the purposes of verification relating to the taxes thereat and thereby committed an offence, contrary to S.43 (c) and punishable under S.43 ( c) of the Federal Inland Revenue Establishment Act 2007 (as amended).

When contacted, Chioma Afe, Director, External Affairs and Sustainability, Seplat Energy, told The Witness via a text message that “The matter is in court and as such we cannot comment on it. Further information will be shared at an appropriate time as needed,”

Meanwhile, the matter has been fixed for February 28, 2025 for trial.