As Nigerian Government Files Criminal Charges
The Federal Government of Nigeria has filed criminal charges against the Union Bank Plc, Mr Ahmed Kuru, a former Chief Executive Officer of the Assets Management Corporation of Nigeria (AMCON), Mr Kamilu Alaba Omokide, the Receiver Manager Arik (in Receivership), Mr Roy Ilegbodu, the Chief Executive Officer (Arik in Receivership) and Super Bravo Limited for N130billion fraud and other offences over the mismanagement of the Arik Air Limited.
The six-count criminal Charge ID/24942C/2024 by the Economic and Financial Crimes Commission (EFCC) after over one year of investigation was filed on behalf of the Nigerian government on 30 October 2024 at the High Court of Lagos State.
The charges contained several indictments of the defendants.
They include, “Count 1. Union Bank Plc for Making false statement to public officer with intent contrary to and punishable under Section 96 of the Criminal Law of Lagos State 2015 with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, made false statements to the Assets Management Cooperation of Nigeria (AMCON) regarding Arik Air Limited’s performing loans following which you transferred a bogus figure of N71,000,000,000.00 (Seventy One Billion Naira) to AMCON.
“Count 2: Ahmed Lawal Kuru Kamilu Alaba Omokide as Receiver Manager of Arik Air Limited and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership – Stealing by fraudulently conversion of the property of another contrary to Section 278(1) (a) of the Criminal Law of Lagos State 2011- fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000.00 (Four Billion Nine Hundred Million Naira only), property of Arik Air Limited.
“Count 3. Captain Rou Ilegbodu as MD/CEO of Arik Air Ltd in receivership -Stealing contrary to Section 278 (1) (b) of the Criminal Law of Lagos State 2015 and punishable under Section 278(6) of the same Law, steal the sum of N22,500,000.00 (Twenty-Two Million, Five Hundred Thousand Naira) by fraudulently converting same to the use of Magashi Ali Mohammed property of Arik Air Ltd.
“Count 4. Ahmed Lawal Kuru as Managing Director of Asset Management Corporation of Nigeria (AMCON) and Kamilu Alaba Omokide as Receiver/Manager of Arik Air Ltd. being public officers Abuse of Office contrary to and punishable under Section 73 of the Criminal Law of Lagos State 2015 directed to be done in abuse of the authority of your offices an arbitrary act, to wit: intentionally and in violation of the discharge of your functions incorporated a Company called NG Eagle Limited, RC Number 1600277 for the purpose of obtaining undue advantage for yourself and or cronies.
“Count 5. Kamilu Alala Ahmed, Ahmed Lawal Kuru and Capt. Roy Ilegbodu – Abuse of Office contrary to and punishable under Section 73 of the Criminal Law of Lagos State 2015, directed to be done in abuse of the authority of your office and with intention of obtaining undue advantage for yourself and cronies an arbitrary act, to wit: intentionally authorizing the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5M (Thirty One Million, Five Hundred Thousand Dollars), an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.
“Count 6: Kamilu Alaba Omokide, Ahmed Lawal Kuru, and Super Bravo Limited – Stealing by dishonestly taking the property of another contrary to Section 278(1) (a) of the Criminal Law of Lagos State 2011= dishonestly converted to the use of Super Bravo Limited three (3) Boeing aircrafts known as Manufacturer Serial Number 33944 Registration Number 5N MJG, Manufacturer Serial Number 35638 Registration Number 5N MJN and Manufacturer Serial Number 34761 Registration Number 5N MJE property of Arik Air Limited.”
The court was to arraign the defendants on Tuesday for the arraignment at the Special Offences section of the Lagos High Court Ikeja.
Background
Arik Air commenced commercial flight operations with brand new aircraft on Nigerian domestic routes on 30 October 2016.
From 2016 to 2015, Arik routes network extended to all airports in Nigeria and expanded to West, Central and South Africa including London Heathrow and JFK Airport, New York USA.
By 2016, Arik Air operated a fleet of brand-new aircraft to 24 (13 New Generation Boeing 737NGs, 4 Bombardier CRJ900, 1Bombardier CRJ 1000 and 4 Q400).
Arik Air warehoused in-house spare parts inventyory consisting of 3 spare engines and other spare parts inventory valued at over $250million.
By 17 May, 2013, Arik Air was valued at $3.7B by Delloite of London and International Bureau of Aviation (IBA).
On February 9, 2017, Arik Air was taken into receivership of Oluseye Opasanya, SAN, by AMCON vide an exparte order of the Federal High Court (Suit No: FHC/L/CS/175/17) dated 8 February 2017.
During this receivership, between 2018-2023, all regional, international routes and majority of domestic routes were shut down by the receivership management.
As of date notwithstanding statutory requirements and orders of the Federal High Court of 30 March 2023 in Suit No: FHC/L/CS/1174/2021 AMCON & Receiver Managers failed to file the audited financial reports and statement of affairs of Arik Air at the Corporate Affairs Commission (CAC).
EFCC commenced investigation of the receivership management of Arik Air in 2023 upon the petition by the shareholders of Arik.
As of the moment, Arik in Receivership management operates only 3 aircraft (2xB737NG and 1xQ400) from the inherited 24 aircraft – 18 aircraft that have been abandoned and parked due to inability to maintain them in several locations.
Two aircraft were destroyed and sold in pieces by the receivership and another seized due to court order against the receiver manager in Lithuania.