Jimoh Ibrahim and Air Nigeria staff during launch of Air Nigeria at the Murtala Mohammed International Airport
By NAN- petition provided by John Nnorom
The Federal Inland Revenue Service (FIRS) has filed charges of
evading five years tax payment of N4.86 billion naira and forgery of Tax
Clearance Certificate (TCC) against Air Nigeria.
A copy of the charge filed at the Federal High Court in Abuja was
exclusively obtained by the News Agency of Nigeria (NAN) in Abuja on
Wednesday.
Mr Jimoh Ibrahim, the company’s Chairman, Mr Kinfe Kahssaye,
Managing Director and Air Nigeria Development Company Limited (formerly
Virgin Nigeria Airways Ltd), were joined in the 10-count charge.
The suit comes barely 48 hours after the service arrested Kahssaye in Lagos on Monday.
He was flown to Abuja same day and detained by the service and released on Tuesday afternoon.
An official of FIRS, who confirmed his release to NAN, said the
service met with Ibrahim on Tuesday, but did not reach any agreement on
the payment of the tax.
In the charge, FIRS accused officials of the indigenous airline of illegally obtaining Tax Clearance Certificates.
They were also said to have unlawfully presented the fake
certificate to the Minister of Interior for the renewal of expatriate
quota positions for 20 pilots and 10 other persons.
According to the FIRS, the accused persons failed to deduct and pay
taxes accruing to government from Withholding Tax and Value Added Tax
(VAT) from 2007 to 2010, totaling N4.86 billion.
The charge said Air Nigeria and the accused persons failed to deduct
at source, N394.16 million being taxes accruing to government from
withholding tax between January and December 2006.
Similarly, the company was said to have failed to deduct withholding
tax of N775.20 million being 10 per cent of the payments for direct
services as prescribed under the Companies Income Tax Act.
The offence, according to the court papers, is punishable under
Section 40 of the Federal Inland Revenue Service (Establishment) Act No
13 of 2007.
The accused were also said to have failed to file annual returns of
the company for 2011 with the FIRS, as prescribed by Section 55 (1) of
the Companies Income Tax Cap C21 Laws of the Federation of Nigeria 2010.
The charge said the failure to file annual returns ``was with the
connivance of Ibrahim and Kahssaye; and you hereby committed an offence
punishable under Section 55(4) and (5) of the same Act.''
According to the FIRS, some officials of Air Nigeria, sometime in
January ``made counterfeit of tax certificate, purportedly issued by the
FIRS in favour of Air Nigeria Development Company Ltd.
The whistleblower petition against Air Nigeria and Barrister Jimoh
Ibrahim that triggered the investigations and tax fraud charges:
TAX EVASION IN NIGERIA, GHANA, SAO TOME, UNITED KINGDOM AND UNITED STATE OF AMERICA BY BAR JIMOH IBRAHIM
BACKGROUND INFORMATION ON THE WRITER.
I was appointed Executive Director Finance-International operations
in Air Nigeria on 1st Aug, 2011. Promoted Finance Director of Air
Nigeria on 17th Oct, 2011 and the jobs of Executive Director Treasury
and Executive Director Finance were submerged into my job, thereby
making me the sole Finance Director in Air Nigeria. On the 1st of Dec,
2011, I was appointed Non-Executive Director, Nigeria Re-insurance
Corporation. On 18th of Dec, 2012 in Sao Tome annual Conference, I was
appointed and it was announced the Coordinating Finance Director of the
following companies Air Nigeria Development Ltd, Global fleet oil &
Gas Ltd, Nicon Insurance Plc, Nigeria Re-insurance Plc, Nicon Properties
Ltd, Nicon Luxury Hotel Ltd, Abuja Nicon hotels Ltd, Okitipupa Nicon
hotels Ltd VGC Nicon hotels Ltd, PHC Newswatch communications Ltd,
Newswatch Daily Ltd and National Mirror Ltd. In this position, I liaise
with the relevant authority on tax matters as it affects the entire
group.
WHY THIS PETITION
I was a victim of Bar Jimoh Ibrahim tax fraud. In the last twenty
years, I have always paid my taxes as and when due. IT WAS A GREAT PAIN
TO ME THAT TAXES DEDUCTED FROM MY SALARIES IN AIR NIGERIA, WERE NOT
REMITTED IN 2011 AND I COULD NOT GET MY TAX CLEARANCE CERTIFICATE. All
efforts that I made to convince Jimoh Ibrahim to approve the payment of
taxes due to Federal and State Government were turndown.
EMPLOYEE TAX FRAUD
In all the companies owned by jimoh Ibrahim, taxes are not remitted
to the relevant tax authorities but were deducted from staff salaries.
This could be confirmed from the staff, because in the two strikes by
Air Nigeria Engineer and Pilots, the issue of tax deductions not being
remitted was one of the reason for the strike.( please, find attached a
scan copy of their letter.) The implication is that in all these
companies owned by Jimoh Ibrahim, no staff can assess his Certificate of
Occupancy for land or assess others benefits from government because we
do not have tax clearance certificate. This issue can be confirmed now
from the staff and the tax board because no tax clearance certificate
has been issued to any staff. Air Nigeria has problems with Pay- As-
You- Earn tax with Imo State Board of Internal Revenue, Enugu State
Board of Internal Revenue, River State Board of Internal Revenue, Sokoto
state Board of Internal Revenue to mention but a few in Nigeria. This
information can be verified. Outside Nigeria, we are owing heavy amount
in taxes, namely cotonou 500million CFA, Ghana $1.2M, Cameroon $810,000,
Brazilleville $400,000.
Jimoh Ibrahim tax evasion strategy is: "LET US USE GOVERNMENT MONEY
TO DO BUSINESS AND MAKE LITTLE PAYMENT ON ACCOUNT FROM TIME TO TIME , SO
AS TO MAKE RECONCILIATION IMPOSSIBLE."
From the above assertion, it is clear that part of Jimoh Ibrahim
working capital is tax deducted from employee, pension fund deducted
from employee, co-operative society fund deducted from employees’
salary. These funds have no cost element to his business empire. Air
Nigeria staff can confirm, if these deductions has been remitted. When I
visited IBTC Pension for my balance, I was shocked that out of the
eight months that I worked in Air Nigeria, only 3 months have been
remitted.
I therefore would like to use this opportunity to make a National
call to all employee of Jimoh Ibrahim to insist that your tax clearance
certificate be given to you, the pension fund and co-operative society
deduction paid to the relevant authority. I also appeal to Nigeria
Labour Congress to help all staff; because, Jimoh Ibrahim grip on them
is too much. To all relevant tax authorities, I appeal for you immediate
action to collect your money by exercising your powers. This call
includes all the expatriate working in Air Nigeria Development Ltd, as
tax papers forged on your behalf to renew your immigration status
represents criminal offence on the part of the expatriate staff based on
the tax laws of Nigeria. I attached the internal memo which was forward
to a vendor to forge expatriate tax papers. In Nigeria, you cannot
renew your expatriate immigration papers without your tax clearance
certificate.
CORPORATE TAX - FRAUD
The following companies namely ;Air Nigeria Development Ltd, Global
fleet oil & Gas Ltd, Nicon Insurance Plc, Nigeria RE-insurance
Corporation, Nicon Properties Ltd, Nicon Luxury Hotel Ltd, Abuja Nicon
hotels Ltd, Okitipupa Nicon hotels Ltd VGC, Nicon hotels Ltd, PHC
News watch communications Ltd, Newswatch Daily Ltd and National Mirror
Ltd, do not have current tax clearance certificate. To get, the new
names of these companies just add ENERGY. All these companies do not pay
corporate taxes to the Federal Inland Revenue Services in Nigeria. Even
withholding tax deducted from sales on behalf of Federal Government,
are not remitted. Air Nigeria is owing to date, N1.8Billion to Federal
Inland Revenue Service being accumulated withholding tax collected on
behalf of Federal Government. The system is the same. Make little
payment on account and make reconciliation impossible with the staff of
tax authority. The last signed audited account of Air Nigeria was 2009
and the same applies to Nigeria Re-insurance Corporation.
This explains why Nigerian Re-insurance Corporation cannot file her
statutory returns and cannot do re-insurance business in Nigeria to
date. If Jimoh Ibrahim wants to deny these issues, let him published in
two national newspapers the tax clearance papers of these companies
within 24hours of this publication. I make a call to the relevant tax
authority to do their statutory jobs on Jimoh Ibrahim energy group of
companies.
TAX EVASION BY BAR JIMOH IBRAHIM ON HIS PERSONAL INCOME.
Every week Jimoh Ibrahim withdraws millions of naira from Air Nigeria
sales proceed which is transferred into Nicon Investment Ltd, these
monies are used to buy dollars from the black market in Lagos. These
withdrawals are treated as income by Jimoh Ibrahim in his records.
Again when Federal Government pays pension money to Nicon Insurance
Plc, a large chunk of the money (over 95%) is used to buy dollars from
black market. This is also treated as income by Jimoh Ibrahim as these
withdrawals do not come back to Nicon Insurance Plc/Air Nigeria.
The money is parked in his travelling bags by his PA ( Mr. Ayeni )
and on getting to the Airport, Miss Jill Owatemi, who does not know the
content of the bag, ensures that the bags are not security screened
having worked in various airport station as a station manager. The
dollar bag is loaded into Jimoh Ibrahim private jet, which flies to
Ghana, dubai or sao tome. These dollars are paid into Jimoh Ibrahim
personal bank account in Energy Bank of Ghana or Energy Bank of Sao
Tome.
From these banks, the dollar is transferred to USA and United
Kingdom. The prefer bank in London is union Bank and in USA is UBA. On
all these money laundering whose original sources are illegal but has
been made legal through breaking the source, no tax is paid.
I would ask that Jimoh Ibrahim should publish his tax clearance
certificate to the relevant tax authority to investigate and prove tax
evasion. When, he goes to United Kingdom, he is not taxed because; he
claims that his residence is in Nigeria. When he is in USA, he claims
that he pays tax in Nigeria, while he is involved in an intensive and
extensive tax evasion in Nigeria.
He does business in United Kingdom and USA with these withdrawals
from Air Nigeria Sales proceeds and Nicon Insurance Plc, pension money
paid by the Accountant General of Nigeria, in his sole capacity. This
money goes into UK AND USA as personal investment. However, this money
represents fraudulent withdrawal from corporate institution owned by
many people including Federal Government.
It should be noted that Federal Government still owns 30% of Nicon
Insurance Plc. In all these companies owed partly by Federal Government
and Jimoh Ibrahim, no board meeting has been held to rectify all these
withdrawals and no board resolutions were approved on all these massive
withdrawals. I make this call to our National assembly in our national
interest, let the Accountant General published the amount of money paid
to Nicon Insurance Plc, in the last seven years and let the bank
statement be made public for reconciliation.
Jimoh Ibrahim, is an international thief stealing Federal Government
money through massive withdrawals. Shareholders should be paid dividend
but in all these companies, no financial statement has been prepared, so
you cannot talk of profit or loss and payment of dividend. No dividend
has been paid over the years on these companies and that probably
explained why two former finance ministers have called Jimoh Ibrahim,
national thief.
Jimoh Ibrahim does not pay tax in these countries but his bank
account showed heavy movement of money laundering. If jimoh Ibrahim,
does not do any business in USA and United Kingdom, why does he use
these countries to receive money from Ghana, dubai and Sao Tome. I know
like James Ibori that Jimoh Ibrahim is above the law in Nigeria but I
hereby appeal to UK/USA tax authority to investigate Jimoh Tax records.
He is using fraudulent system to break audit trail of large movement of
money, described as income in his local records in Nigeria.
I appeal to the Federal Government for intervention. I am being
persecuted, blackmailed and my character is being assassinated every day
because of speaking the truth. Every day Jimoh Ibrahim as the publisher
of national mirror newspaper advertises my picture with disclaimer
notice and rubbish are written against my person. My life is also under
threat as several strange faces now parades within the vicinity of my
residence.
I appeal for international support to stop this fraudulent baron and
his cohort from exterminating me. We disagree on specific issues which I
have made very clear to Jimoh Ibrahim. I repeat it to the world at
large, I John Nnorom do not need blood money from his flying coffin-Air
Nigeria and cannot be involved in any fraudulent activities including
money laundering. I detailed below the police frame charges against me.
To my Fellow Nigerians, I say a big thank you all for your support in
fighting this battle. I am highly encouraged by your various e-mails
from saharareporters online publication and your great comments when
Aljazeera Television Station aired Air Nigeria as the Flying Coffin
JOHN I NNOROM
JIMOH IBRAHIM POLICE BLACKMAIL STORY IN NATIONAL MIRROR
Following your comment on the internet on my petition stating how jimoh
Ibrahim turned air Nigeria to flying coffin, I wish to inform all how
the police blackmail started. I ATTACHED MY LETTER OF RESIGNATION AND
THE ACCEPTANCE BY KINFE KIHASSAYE, THE CEO OF AIR NIGERIA. In his
response to my letter of resignation, he stated three points to note.
1. Why did you copy your letter of resignation to so many people, including the leasing company?
2. Help us to recover the sum of $100,000 due from a company that you introduce to us.
3. Please, make your disengagement honourable.
To make my disengagement honourable, I approached the company,
cotrac global enterprise and the issue was resolved. I then ask if I
could collect the money and keep as part of my exit entitlement and they
said capital NO. I sought for legal opinion and my team of lawyers
said, do not touch otherwise they can establish a case of criminal
conversion against you. At this point, I withdrew from the resolution of
cotrac global enterprise issue with Air Nigeria. It should be noted
that this company has done so many business with Air Nigeria and
therefore a well known vendor with Air Nigeria. On 21st of April, 2012,
I was in my house, when my son showed the newspaper, National Mirror,
published by Jimoh Ibraham, where my picture appeared stating that
police arrested me and the sum of $75,000 was recovered from me. We were
all shocked but I know jimoh Ibrahim is a man of poor character and
immediately asked my lawyer to file a suit. On 27th of April a suit was
filed, suit number FHC/CS/441/2012, which was later assigned to Justics
Liman, seeking for the exercise of my fundamental human right and
claiming for damages. This suit was served to Nigeria police, the CP in
charge of Special Fraud Unit, called Tunde Ogunsakin, a childhood
friend of Jimoh Ibrahim, who is extremely emotional about any issue
concerning jimoh Ibrahim. Jimoh Ibrahim avoided the service of the
court summons from the bailiff, so the case could not go forward because
all parties must be served. In the suit, I sworn an affidavit that SFU
did not arrest me, did not recover any money from me and did not invite
me, that I read this issue in jimoh Ibrahim newspaper called National
Mirror. On 3rd may, 20102, another publication was done in his National
Mirror Newspaper, stating alleged fraud: police declare Ex-Air Nigeria
Finance Director wanted.
The question that any intelligent person can ask, is that, the first
publication of National Mirror dated 21st April 2012, stated that I was
arrested and money was recovered from me. The second publication of
National Mirror dated 3rd May, 2012, stated that police declare me
wanted. How can police declare me wanted after recovering money from me
on 21st April 2012 and come forward to declare me wanted on 3rd may,
2012, 12days after I was arrested. This is jimoh Ibrahim blackmail.
Since then, there has been several publications on disclaimer. I also attached other newspapers publications.
In addition to the above, on 16th May, 2012 the same newspaper
published SFU arrest, detain Ex-Air Nigeria Finance Director, recovers
$100,000. Nigerians should judge jimoh Ibrahim. I reported to SFU, on
14th May, with my lawyers and the suit filed in the court and on
Thursday morning, being 16th May, I was rushed to court. What kind of
investigation, did police do within 2 days. I was accused of being the
alter ego of cotrac global enterprise, the same company that the CEO
Kinfe Khassaye, while acknowledging my letter of resignation asked me to
help Air Nigeria recover. I do not feel bad but I understand this as
part of the persecution for revealing the truth. My article was sent
to some media houses in Lagos immediately I resigned but Jimoh Ibrahim
controls over 70% of the media within the Lagos area. It was only the
daily independence of may 7th, 2012 that published in page 17, Ex-Air
Nigeria staff denies sack, demands N25M. This matter became public
through the truth fight spirit of saharareporters.com For the souls that
we are fighting to save, We are indebted to Saharareporters.com
The whole story of my sack, dismissal, disclaimer and police arrest
is a well-planned blackmail by jimoh Ibrahim. He is using Tunde
Ogunsaken to disgrace the Nigeria Police because, when we reported the
issue of my being charged to court to IG office, the question that was
asked is, how did a senior police officer, concluded an investigation of
such nature within a day and half.
Again this transaction was duly approved by Air Nigeria authorized
signatory which as at that time includes Kinfe Kahassye, (CHIEF
EXECUTIVE OFFICER), john nnorom, (EXECUTIVE DIRECTOR FINANCE) fola
osibe, (ASSISTANT GENERAL MANAGER TREASURY) ernest Onwubu(
MANAGER-TREASURY) and Folake Taiwese, (THE HEAD OF INTERNAL AUDITOR).
All these people were not invited to the Police station. In Air Nigeria,
no transaction can be executed without jimoh Ibrahim approval.
Although, he is designated Chairman but he does the work of Executive
Chairman. Jimoh Ibrahim reports everyday whenever, he is in Lagos in our
office for meeting and gives specific directive on how each transaction
shall be executed. Jimoh Ibrahim approved this transaction, so where is
the fraud. The enterprise was paid naira at below black market @ N159.5
per dollar, when market rate was N161, to source for $500,00 dollars.
The enterprise delivered $200,000 first week, another $200,000 in the
second week and there was little disagreement on the changes in the
market rate for the last delivery of $100,000. It was at this point
that, Kinfe asked me to intervene and the enterprise delivered the
balance of $100,000 through SFU, to Air Nigeria as was agreed despite
little delay. Where is the fraud? I will upload these newspaper
publications for Nigerians to study the modus operandi of jimoh Ibarhim
blackmail story. LET FELLOW NIGERIAN JUDGE JIMOH IBRAHIM POOR CHARACTER
AND HOW HE IS USING NATIONAL MIRROR TO BLACKMAIL PROFESSIONALS.
Thank you all for your support in fighting this battle which is
aimed at saving souls. Together we shall win this battle and men like
Jimoh Ibrahim will be given the right seat in this nation. He is seating
on the wrong seat now and eating blood money, we will not allow him
waste more souls in Nigeria.