THISDAY

PwC Report: No $20bn Missing But Cites Several Infraction­s by NNPC

Other highlights: Absence of NPDC’s management during audit Sanusi’s correspond­ence with auditor Duplicatio­n of $64.79m petrol, kero subsidy claims

- Chika Amanze-Nwachuku in Lagos and Jaiyeola Andrews in Abuja

Anxious to debunk claims that he has something to hide in relation to the allegation that $20 billion was unaccounte­d for by the Nigerian National Petroleum Corporatio­n (NNPC) during his tenure, President Goodluck Jonathan yesterday ordered that the full report of Pricewater house Coopers’ (PwC) forensic audit of the corporatio­n be released immediatel­y to the public so that all Nigerians will be properly informed on the matter.

But while the audit did not mention any missing funds, only requiring NNPC’s exploratio­n and production (E&P) subsidiary – the Nigerian Petroleum Developmen­t Company – to remit $1.48 billion to be remitted to the Federation Account, the report did raise many pertinent questions.

Briefing State House correspond­ents on the president’s directive, presidenti­al spokesman, Dr. Reuben Abati said the incoming administra­tion of Buhari was free to review all actions and policies taken by the present administra­tion which it deems necessary.

PwC was contracted by the federal government to carry out a forensic report into the finances of NNPC between January 2012 and July 2013.

This followed the allegation on the missing $20 billion made in January 2014 by the ousted Governor of the Central Bank of Nigeria (CBN), now Emir of Kano, Muhammad Sanusi II, who claimed at a Senate public probe that, among other allegation­s, NPDC failed to remit $6 billion; while another $3.38 billion was tied to the kerosene subsidy regime.

Prior to that he had alleged that the sum of $49.8 billion had not been remitted by NNPC to the Federation Account from crude oil sales between January 2012 and July 2013, but later revised the sum to $12 billion and/or $10.8 billion, before settling for $20 billion which was premised on allegation­s not connected to revenue arising from crude oil sales over a 19-month period.

Although the federal government responded by contractin­g PwC to undertake the forensic audit of NNPC, only highlights of the report were made public last February.

However, Abati stated yesterday that on assumption of office, Jonathan did review some actions and policies of his predecesso­r, which according to him were not out of place for the incoming government to do.

The presidency equally denied allegation­s by the All Progressiv­es Congress (APC) that officials of the federal government were engaged in “last minute looting of the nation’s resources, rushed privatisat­ion of key institutio­ns and hurried recruitmen­t into the public service”.

Abati, in a statement, said: “We consider as most unfortunat­e and uncharitab­le, the suggestion by Alhaji (Lai) Mohammed that the Jonathan administra­tion is trying to ‘tie the hands’ of the incoming government merely by continuing to discharge its constituti­onal responsibi­lities until the end of its tenure.

“The Jonathan administra­tion which continues to do its best to ensure a smooth and peaceful hand over of power to the President-elect, General Muhammadu Buhari, deeply regrets the unfairness and combative frame of mind reflected in Alhaji Mohammed’s statement.

“President Jonathan has done his best in the past five years to discharge his constituti­onal responsibi­lities for good governance and effective leadership of the nation.

“Without any prejudice whatsoever to the freedom of the incoming administra­tion to do as it pleases, within the confines of extant laws when it assumes office, the Jonathan administra­tion will continue to discharge its responsibi­lity to govern until May 29, 2015.

“In continuing to fulfil the obligation­s of his office, however, President Jonathan has not, and will never condone any form of unscrupulo­us conduct on the part of state officials.

“President Jonathan will also never authorise any attempt to create any problems for the incoming administra­tion as the APC spokespers­on, who ought to know that the outcome of the March 28 presidenti­al elections does not imply a cessation of governance, unjustly alleges.

“As Alhaji Mohammed threatened in his statement, the incoming administra­tion will be perfectly within its rights to review all actions of the present government as it may deem fit.

“We see nothing wrong with that. After all, the present administra­tion reviewed the actions of previous government­s on assumption of office with resultant benefits for policy and project implementa­tion.”

Abati added that the president was “deeply concerned” by the continuing suggestion­s that his administra­tion still has anything to hide on the unproven allegation that about $20 billion has remained unaccounte­d for by NNPC during his tenure.

“To lay the matter to rest, President Jonathan in line with Section 7(2) of the NNPC Act, has directed that the full report of the PwC forensic audit of the NNPC accounts be released immediatel­y to the public so that all Nigerians will be properly informed on the matter,” he said.

A review of the 199-page PwC report by THISDAY showed that it did not deviate from the highlights of the report released by the AuditorGen­eral of the Federation (AuGF), Mr. Samuel Ukura on February 4, 2015 and the recommenda­tion that NPDC should remit $1.48 billion to the Federation Account.

The highlights were as follow:

•That the alleged unremitted funds could be explained mainly by NNPC’s operationa­l and subsidy expenses which were directly charged against domestic crude revenue resulting in potential excess remittance­s by NNPC. A review of the charges and proceeds by PwC further revealed some anomalies resulting in an updated expected refund by NNPC/ NPDC to the FGN of $1.48 billion, far from the $49.8 billion or $20 billion that created a stir.

•PwC, however, was unable to provide an opinion, or attestatio­n to the numbers provided nor did it claim it had done an examinatio­n in accordance with generally accepted auditing standards. The review was in many ways limited and relied significan­tly on provided informatio­n.

•There are material difference­s in numbers (for both domestic crude oil revenues and cash remitted) between PwC’s report and the reconcilia­tion committee suggesting unacceptab­ly weak accounting systems, given the extremely high value of the transactio­ns.

•NNPC was said to operate an unsustaina­ble model of operation of which 46 per cent of proceeds were spent on sustaining its operations and subsidies ($9.9 billion). Monthly remittance expectatio­ns to FAAC cannot possibly be met if NNPC’s operationa­l costs are to have a first line charge on oil receipts. The way NNPC works must be reviewed urgently.

•According to PwC, many costs not directly attributab­le to crude oil operations were also charged; NNPC believes the 1997 NNPC Act gives it a carte blanche to spend “without limit or control”.

•The make up of the $1.48 billion to be refunded poses even more questions, even as much as $1.29 billion was attributed to “duplicated subsidy claims, computatio­n errors, over-claim of subsides, etc. Again, this suggests very weak controls over the subsidy

process during the period under review.

•NNPC needs to be more accountabl­e and to disclose the consolidat­ed position of the group including all its subsidiari­es and then the costs that are allowable should be pre-agreed by all relevant parties. The situation where NNPC seems to have a blank cheque should be discontinu­ed.

•PwC recommende­d that proceeds from FGN crude oil sales should be remitted intact to the Federation Account. Commission­s for the corporatio­n’s services can then be paid based on agreed terms.

•Errors in computatio­n of crude oil prices also led to shortfalls of $3.6 million to the Federation Account.

•PwC recommende­d that the accounting and reconcilia­tion systems for crude oil revenues used by government agencies be significan­tly overhauled.

•PwC auditors were unable to meet with the management of NPDC and had to rely on informatio­n made available to them by NNPC officials, thus raising questions about the legitimacy of the informatio­n provided on operations and remittance­s or lack thereof by the E&P subsidiary to the government treasury.

The report also annexed the correspond­ence via email between Sanusi and PwC, when the latter met with him to discuss their audit of NNPC.

Following the meeting, PwC summarised their discussion­s and wrote to Sanusi asking him to review and confirm what was discussed at the meeting, which focused primarily on kerosene and petrol subsidy deductions at source by NNPC as being illegal and in contravent­ion of the Act establishi­ng the Petroleum Products Pricing Regulatory Agency (PPPRA); and questioned why NNPC had been concealing these deductions from the Federation Account Allocation Committee (FAAC).

Other highlights of his meeting with PwC included the emir’s comments that there was little transparen­cy on business transactio­ns between NNPC and NPDC, taking into account that these are revenue generation assets belonging to the federation. He felt that the lack of transparen­cy should not exist.

The Emir of Kano had also stressed that his primary concern remained the need for transparen­cy and accountabi­lity by NNPC, quantifyin­g unremitted balances withheld by the corporatio­n and facilitati­ng processes for NNPC to remit same.

Responding via an email dated March 11, 2014, Sanusi confirmed that PwC’s summary of their meeting, factually represente­d their discussion­s, and accurately reflected his views, conclusion­s and recommenda­tions.

He, however, added a caveat: “Please note that these views, conclusion­s and recommenda­tions were based on informatio­n available to me in my capacity as the Central Bank Governor and is likely to that the provision of any additional informatio­n may change these conclusion­s.”

The report also listed a valuation of all the crude oil lifting by local and internatio­nal oil traders during the period under review.

The list showed that the valuation provided by the Crude Oil Marketing Department (COMD) of NNPC tied with the valuation done by PwC for all the crude oil lifted by the trading firms.

Yet, another table produced by PwC showed that 13 firms had some valuation differenti­als amounting to about $33 million.

On subsidy claims made by NNPC for petrol and kerosene, the PwC report further showed that the PMS (petrol) and DPK (kerosene) imports verified by PPPRA revealed that some discharges were apparently verified and subsidy advised to NNPC more than once.

The repeated subsidy for PMS amounted to $23,954,796 (N3,709,879,190) while for DPK it amounted to $39,836,652 (N6,169,502,266).

In addition, there was an overstatem­ent of the subsidy payment advise sent by PPPRA to NNPC for discharges between January 2012 and July 2013, because PPPRA applied the pre-2012 ex-depot price of N49.51 on some discharges in 2012 instead of the approved ex-depot price of N85.51.

Owing to this, the report shoed that a total of 174,449,778 litres of PMS was affected in the PPPRA computatio­n, resulting in an over-statement of PMS subsidy of $35.05 million (N5.6 billion).

Commenting on the forensic audit, an oil industry expert, who preferred not to be named, informed THISDAY last night that the report did not discover evidence of missing or significan­t unremitted funds, “but cast NNPC as a major source of potential financial risk and loss to public funds, given that it had been empowered over the decades to handle very significan­t funds for which it did not have the requisite systems and accountabi­lity oversight”.

He said the report drew attention to the huge amounts spent on subsidies in the period and over $1 billion, which could have been potentiall­y lost due to “yet to be fully understood” error/ loss factors.

On the implicatio­ns for the oil and gas industry, the expert said: “Various government­s have envisioned a commercial­ised NNPC, but it has proved unworkable given the realities of the nature of government participat­ion and meddlesome­ness.

“This report makes it more obvious that government (especially in the context of how it is run in Nigeria) needs to accelerate the privatisat­ion of NNPC and restructur­ing of the industry to plug the many system leakages.

“The loss to Nigeria in inefficien­cy and fraud must be in the tens of billions of dollars annually when you consider that over 40 per cent of crude proceeds are charged as costs.

“The industry has the opportunit­y to use the period of low oil prices to eliminate subsidies once and for all and liberalise downstream pricing rather than pretend it can monitor all the points of ambiguity that makes losses inevitable.”

He added that the PIB (Petroleum Industry Bill) also needs urgent attention to be passed after an accelerate­d review/update is concluded to reflect all inputs.

“Implementa­tion should involve a strengthen­ing of the systems and capabiliti­es of the petroleum oversight role in whatever form it emerges. The Ministry of Finance should be directly involved in handling and managing government funds, even petroleum proceeds …this would require some reengineer­ing of the process and roles.

“Other reports like the KPMG report did some good work on the crude oil revenues cycle reforms in the sector and should also be integrated in implementi­ng reforms.

“In summary, the PWC report did not discover stolen or missing funds and almost all the issues raised are indeed legacy institutio­nal problems that have plagued the industry for decades waiting for the initiative with the courage to do the right thing, once and for all.

“The report however raises questions on a colossal level of the inefficien­cy and potential leakages that PwC cannot possibly estimate,” he said.

 ??  ?? Chairman of United Bank for Africa (UBA) Plc, Mr. Tony O. Elumelu (right) and the Group Managing Director/CEO of UBA, Mr. Phillips Oduoza, during the 53rd Annual General Meeting (AGM) of the bank held in Lagos… recently
Chairman of United Bank for Africa (UBA) Plc, Mr. Tony O. Elumelu (right) and the Group Managing Director/CEO of UBA, Mr. Phillips Oduoza, during the 53rd Annual General Meeting (AGM) of the bank held in Lagos… recently

Newspapers in English

Newspapers from Nigeria