News

March 28, 2021

The Odds Against Move To Take-Over Ownership of OMSL

The business world is full of intrigues, scheming, back stabbing as well as betrayal of trust that sometimes leads to death of those engaged.

The Holy book for instance forewarns that ‘the heart of man is desperately weaken and deceitful who can know it.’ By implication even our making is aware that human transactions can lead to many unexpected ends more so when you confine in a man with out allowing time to enable them prove themselves.

The history of man betraying his fellowman began in the home of Adam, when his son Cain out of envy and jealousy killed Abel his younger brother and was even courageous enough to ask God ‘if he is his brother’s keeper when question on the whereabout of Abel. Thus, the Cain in us many a times resurface when we’re dealing with our fellowmen especially if money is involved.

The story of the soured relationship between hitherto bosom friends now better enemies, billionaire businessman, Captain Idahosa Okunbo and a former Chairman of defunct Skye Bank Plc., Mr. Tunde Ayeni, currently fighting dirty both on the pages of newspapers and government institutions, only reminds one of the deceitfulness of the human heart.

Genesis

Although both men appear not to speak of how their relationship began but information in the public domain and confirmed by a recent Nigerian Police investigation report reveals that both men had been friends since 2003. In what seems to be a consolidation of this friendship, the duo entered into business one of which was Ocean Marine Security Limited, which later rebranded as Ocean Marine Solutions Limited.

At inception, the ownership structure of Ocean Marine Solutions Limited, was as follows, Captain Idahosa Wells-Okunbo: 46%; Dr Tunde Ayeni: 35%; Garth Dooley: 14%; Admiral Augustus Aikhomu originally has 5%, which was subsequently re-acquired by Captain Idahosa Wells-Okunbo and Dr Tunde Ayeni, who also became chairman and vice-chairman respectively.

But in 2018 there was a twist of fate, Dr Ayeni ran into trouble with the EFCC

The investigators needed to ascertain his assets, their viability and if such assets can liquidate the sum in question.

The obnoxious

At this point he listed his assets to include equity ownership in OMSL and its subsidiary, PPP Fluid Mechanics Limited. This false confession which has now turned out to be the base for the fresh battle for the soul of OML.

Of course, Ayeni knew he had relinquished ownership of his equity in the said company in the previous year as reports by both the EFCC and the Nigerian Police confirmed.

After a thorough investigation, the Commission in a letter marked  EFCC/EC/GC/31/2538 dated June 25, 2019 and signed by director of operations, Mohammed Umar Abba said investigations on alleged diversion of N29.5 billion from the defunct Skye Bank Plc did not indict Capt. Okundo as alleged by Dr Ayeni.

Giving a vivid details of the investigation of ownership of OMSL at the Corporate affairs Commission, the EFCC confirmed that Dr Ayeni had on the 8th August, 2018 sold 35 million ordinary shares of OMS and 37.2 million ordinary shares in PPP Fluid Mechanics Limited to Wells Property Development Company Limited, a subsidiary of OMS. This fact is in line with the latest report from the Police.

The letter written by the EFCC reads: “Investigations carried out so far reveals that Dr Tunde Ayeni is no longer a director and shareholder of Ocean Marine Solutions Limited and PPP Fluid Mechanics Limited as he since sold his entire shares and resigned his appointment as Director and Shareholder of the companies.

“Consequent upon the foregoing, the Commission’s investigations so far did not indict the Chairman of Ocean Marines Solutions and its subsidiary companies, Capt. Idahosa Wells Okunbo on the alleged diversion of 29.5 billion naira from the defunct Skye Bank Plc, by Dr Tunde Ayeni,”

But Ayeni petitioned the Inspector General of Police accusing Capt Okunbo of stealing and criminal diversion of company funds.

According to the petition, dated December 7, 2020 written by his lawyer on behalf of Dr Ayeni, the man who the EFCC had earlier confirmed to have exited the board of OMSL and its subsidiary came accusing the rightful owner of the company.

The intrigue, plot uncovered

By implication, Dr Ayeni is claiming to remain on the board after willingly selling his holdings in the companies three years after.

But providence has continued to remain on the side of Capt. Okunbo. The Police after a thorough investigation, exonerated of all allegations.

On how it went about its findings, the Police report stated that during the investigations, all the requisite documents were copied and distributed by the parties to all stakeholders and relevant agencies, and thereafter invited Ayeni for his statements.

The report then confirmed, “That the complainant, Dr Tunde Ayeni, voluntarily and legally transferred his shares and that of his wife from Ocean Marine Solutions Limited (OMS) and its subsidiaries to Capt Idahosa Wells-Okunbo in consideration of the total sum of N2billion, which the complainant (Dr Tunde Ayeni) acknowledged receipt of same and resigned his membership from the board of Ocean Marine Solutions Limited (OMS) and its subsidiaries.”

It concluded thus: “That the allegations of stealing and criminal diversion of company funds as alleged by the complainant, Dr Tunde Ayeni against the suspect, Captain Idahosa Wells-Okunbo could not be established as there was documentary evidence provided by the suspect – Captain Idahosa Wells-Okunbo, which clearly shows that Captain Idahosa Okunbo, has lawfully acquired Dr Tunde Ayeni’s interest in Ocean Marine Solutions Limited (OMS) for a valuable consideration of N2, 000, 000, 000 (Two Billion Naira only).

“So, also, the allegation of criminal diversion of company funds is baseless, malicious and false as it hasn’t been proven by the complainant.”

No doubt this is a case of eating your cake and wanting to have it.

Thw Police report has since been forwarded to the EFCC and the Attorney General of the Federation and Minister of Justice, thus, foreclosing Ayeni’s false allegations against Okunbo and his attempt to return to the company through the back doors.

But to stay on the safe side while playing on the side of caution, Capt. Okunbo’s lawyer, Augustine O. Alegeh, SAN, in a letter dated March 18, 2021 ask the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN to promptly intervene and forestall further attempts Dr Ayeni to duplicate the investigation by sending the same petition to the newly appointed chairman of EFCC and other agencies.

Part of letters he wrote to the Attorney-General reads, “We also seize this opportunity to place on record our appreciation and that of our Clients for your prompt intervention in forestalling the attempt by Dr Tunde Ayeni to duplicate the investigation by sending the same Petition to both the Office of the Inspector-General of Police and the Chairman of the Economic and Financial Crimes Commission.

“We respectfully request the Honourable Attorney-General and Minister of Justice to notify the Chairman of the Economic and Financial Commission of the outcome of the investigation by the Office of the Inspector General of Police so that the matter can be put to rest and treated as closed.”

Now that the EFCC and the Nigeria Police has done the needful, the world is watching how Ayeni intends to achieve his ambition of trying to get back what he relinquished willingly.