Saturday, 27 March 2021

As Okunbo Triumphs In Ayeni’s Alleged Fraud Case


LAGOS  – Edo State-born politician, philanthropist and business mogul, Captain Hosa Okunbo last week won the first round in the case of alleged theft and criminal diversion of company funds brought against him by his erstwhile business partner, Dr. Tunde Ayeni. 

Upon a thorough investigation, the Nigerian police in a letter to Okunbo’s lawyer, Mr. Augustine Alegeh (SAN), copied to the Attorney General and Minister of Justice as well as the Chairman of Economic and Financial Crimes Commission (EFCC), cleared Okunbo of all the allegations, saying the petition written by Ayeni against him could not be established. 

Ayeni had through his lawyer, Mr. Femi Falana (SAN), filed a petition on December 7, 2020, with the police accusing Okunbo of theft of the funds of Ocean Marine Solutions Limited, a company they, in company with others, had formed. 


In the letter titled “Police Investigation Report,” signed by Head, IGP Monitoring Unit, Nigeria Police Force Headquarters, Mr. A.A. Elleman, an assistant commissioner of police, dated 16 March 2021, the police said the businessman (Okunbo) was blameless. 


“From the foregoing, it is pertinent to state that the allegations of stealing and criminal diversion of company funds as alleged by the complainant – Dr. Tunde Ayeni-against the suspect, Capt. Hosa Wells-Okunbo, could not be established as there were documentary evidence that was provided by the suspect – Capt. Hosa Wells-Okunbo, which clearly shows that Capt. Hosa Okunbo has lawfully acquired Dr. Tunde Ayeni’s interest in Ocean Marine Solutions Limited (OMS) for the valuable consideration of N2,000,000,000.00 (Two Billion Naira) only. So also the allegation of criminal diversion of company funds is baseless, malicious and false as it hasn’t be proven by the complainant.” 


The police had noted that whilst it found that the company was formed with the following shareholding, Wells-Okunbo (46 per cent), Ayeni (38 per cent), Garth Dooley (14 per cent), and Admiral Augustus Aikhomu (5 per cent later sold to Okunbo), they said they found that Ayeni had legally and voluntarily sold his stakes to Okunbo. 

Ayeni, a former chairman of the defunct Skye Bank (now Polaris Bank) had last year, dragged his business partner Okunbo, to the Economic and Financial Crimes Commission (EFCC) for alleged mismanagement, stealing and diversion of funds from their company – Ocean Marine Security (OMS) Limited, a decision which was met with condemnation from sources who are privy to the business deals between the duo. 

According to insider sources, Ayeni who had sold his shares in OML in 2018 and was duly paid, consequently upon which he resigned his appointment as Director and shareholder of the company is trying to take undue advantage of Okunbo’s ill-health to hijack the company by claiming that he is still a shareholder in the company. 

In the petition written by his counsel, Mr Femi Fálànà (SAN), Ayeni gave a vivid account of how Okunbo allegedly tried to scheme him out of the company, saying he had since discovered “a lot of stealing and diversion as well as gross mismanagement of large sums of money belonging to the company.” 

Ayeni also alleged that Okunbo, whom he said had been his partner since 2003, deceived him and took over control of the company while he was undergoing a court trial, which he claimed had distracted him. 

Going further, he said he and Okunbo invested in the Ibadan Electricity Distribution Company (IBEDC), but his partner moved the company’s account to another bank and abandoned repayment of a $100 million loan used to fund the acquisition of the power firm. 

“Subsequently, Capt. Hosa Okunbo told our client that all accounts of the businesses that he was involved in for which he was a signatory, was being rumoured to be closed because of the trial our client was facing, and it was important for him to step aside from the Ocean Marine and its subsidiaries structure and hand over to him, so that he could protect the income sources as that was the only source of income with which to fund the faithful repayment of the gross liabilities, which were well over $150 million owed to a consortium of banks led by Polaris Bank over the acquisition of the IBEDC and the YEDC DisCos as at the time,” the petition reads. 

“Our client agreed to the advice and did not doubt Capt. Hosa Okunbo’s sincerity and intention to act in good faith, based on the trust our client had in him as they had both been working and partnering together since July 2003. 

“At no point was an actual sale of his interest in Ocean Marine Solutions Ltd or any of its subsidiaries or affiliates ever discussed, but Capt. Hosa Okunbo is trying to use the gentlemen’s arrangement to forcefully take over his holdings of the Company whose monthly income is about $9 million. 

Daily Independent findings revealed that Okunbo invited Ayeni on board of OMS where he acquired 35% stake in the company. However, following his exit from Skye Bank, Ayeni had approached Okunbo that he would like to sell off his shares and cease to be a director of OMS. Documents made available to our correspondent show that Ayeni, using his company, Prime Union Investment Limited, specifically on August 15, 2018, agreed to sell his shares including the 175, 000, 000 ordinary shares in GYRO (and the 50, 000, 000 shares held by Mrs Ayeni) to Wells Property Development Company Limited for the total sum of N2bn (Two billion naira). 

A special resolution of the board of Prime Union Investment Limited, signed by Ayeni and his wife, Biola, confirmed the sale of shares mid-August 2018. Following this agreement, Capt. Okunbo, on November 26, 2018, duly authorised the transfer of N1billion to Ayeni’s Olutoyl Estate Development and Services Ltd’s Sterling Bank account. The balance was mutually agreed to be paid on a monthly instalment. 


The board of OMS went ahead to notify the Central Bank of Nigeria (CBN), and the Office of the Vice President about Ayeni’s resignation of his membership of the board of the OMS and its affiliate companies. 

While acknowledging the agreement in January 2019, the CBN stated, “Please, be informed that the resignation of Dr Ayeni from the board of your company does not in any way affect his liability, or that of Ocean Marine Solutions Limited or any of its subsidiaries/ group members, to Skye Bank Plc (now Polaris Bank Limited) and, indeed, any other bank in Nigeria.” 

Similarly, on March 1st, the Vice President, in an acknowledgement letter titled ‘Re: Notification of Resignation and Share Divestment of Dr Olatunde John Ayeni’ signed by the Deputy Chief of Staff to the President, Ade Ipaye, applauded Capt. Okunbo’s renewed commitment to service in the agricultural, aviation and hospitality sectors of the economy, adding, “Your Company’s disclaimer as regards the said Dr. Ayeni’s activities as chairman of Skye Bank has been duly noted and brought to the attention of His Excellency, the Vice President.” 

In another document sighted by our correspondent, the EFCC, through Muhammed Umar Abba, its Director of Operations said investigations it conducted revealed that Ayeni had on August 8, 2018 sold his 35 million Ordinary Shares in Ocean Marine Solutions Limited and he is no longer a Director and shareholder of the company. 

However, responding to Ayeni’s claim, the Management of OMS categorically stated that he (Ayeni) was no longer a part of either OMS or its associated companies as he resigned since in 2018 after selling all his shares. 

“The attention of the Board of Ocean Marine Solutions Limited (OMS) has been drawn to several petitions written to various Government Agencies and widely circulated online, written, authored and orchestrated by Dr. Olatunde John Ayeni, a former Director and shareholder of OMS.” 

“Dr Olatunde John Ayeni is no longer a Director of OMS and any of its associated companies having resigned from OMS since August 2018,” the signees posited, adding that he sold and transferred all his shares and interests to Wells Property Development Company Limited for valuable consideration since 2018. 

According to the management, when Ayeni became aware in September 2020 that Captain Okunbo had health issues and was undergoing treatment in London, he “has since then started making false claims that he is still a part of OMS.” 

Ayeni was also accused of peddling misinformation to the Nigerian Financial Intelligence Unit, NFIU, about the spending in OMS (a company he stopped having any ties with since 2018) without a full understanding of how security companies work in Nigeria. 

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