The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has directed the Economic and Financial Crimes Commission (EFCC) to launch an investigation on the involvement of Kasmal International Services Limited and report back to him in three weeks.
Special Adviser to the AGF and Minister of Justice on Media and Publicity, Comrade Salihu Othman Isah revealed this in a press statement released in Abuja and made available to the media on Wednesday.
Isah’s revealed statement that the Minister’s directive is contained in a three paged letter dated 4th March, 2016 and signed by the Director of Public Prosecutions of the Federation, Mr. Mohammed Saidu Diri and addressed to the EFCC chairman.
According to him, the AGF requested that the purported consultancy agreement entered into with Kasmal International Services Limited for the collection of stamp duty from banking and other financial institutions in the country between the Nigeria Postal Service and the company be investigated by the anti-graft commission.
It affirmed that the agreement in question led the Kasmal Group to purport to waive all arrears of remittances owned the Federal Government of Nigeria by Commercial Banks and other Financial Institutions in the Country from 2004 till the commencement of CBN Circular No CBN/GEN/DMB/02/006 of 15th January, 2015.
The spokesman to the AGF and Minister of Justice quoted part of the letter which reads that, “The Chairman of Kasmal International Services Limited is one Prince B. Kashamu who is a Senator representing Ogun State in the Senate of the Federal Republic of Nigeria. The Acting Post Master General/Chief Executive Officer of the Nigerian Postal Service is one Mr. Enoch Ade Ogun.
You may also need to interview Ibrahim Mori Baba, the former Post Master General of the Nigerian Postal Service and B.S Yakubu, Secretary/Legal Adviser of the Nigerian Postal Service respectively in the course of your investigation.”
The Minister recalled that the Nigerian Postal Service is an agency of the Federal Government of Nigeria established by Section 1 (1) & 2 (a) (b) of the Nigerian Postal Service Act, Cap. N127, Laws of the Federation of Nigeria, 2004.
A total of eleven documents were attached to the letter by the AGF to the EFCC including the Nigerian Postal Service reference No. NIP/LSD/LSA/04/VOL.11/25 dated 30th October 2013; Nigerian Postal Service reference No. NIP/PMG/019/VOL. X dated 06th November, 2013; Nigerian Postal Service reference No. NIP/PMG/019/VOL/XVIII dated 4th, December, 2015; as well as Kasmal International Services Limited letter dated January 16, 2016 to the Post Master General.
Other documents are Kasmal Group letter dated 28th October, 2013; Kasmal International Services Limited dated 21st January, 2016 to Post Master General; Central Bank of Nigeria memo CBN/GEN/DMB/02/006 dated the 15th January, 2016; Nigerian Postal Service reference No. NIP/PMG/113/VOL.1/57 dated 2nd July, 2014 to the Governor of the Central Bank of Nigeria; Nigeria Postal Service reference No. NIP/PMG/019/VOL/XVIII dated 4th December, 2015; Nigeria Postal Service reference No. NIP/PMG/019/VOL.X dated 6th November, 2013 a well as Nigerian Postal Service reference No.NIP/PMG/181/VOL.11 dated 1st February, 2016 to the Honourable Attorney General of the Federation & Minister of Justice.
The document is titled, ‘Request for the Investigation of the Purported Consultancy Agreement for Collection of Stamp Duty from Banking and Other Financial Institutions (BOFI) between Nigeria Postal Service and Kasmal International Services Limited (also known as Kasmal Group) which led Kasmal Group to Purport to Waive all Arrears of Remittances from 2004 till the Commencement of CBN Circular No. CBN/GEN/DMB/02/006 of 15th January, 2015 which Nigeria Postal Service was entitled under Section 89 of the Stamp Duties Act LFN 2004 to Collect as well as the N20 Penalty on Every Such Unpaid Remittance of N50 as Prescribed by the said Stamp Duties Act’.
It concluded that, “In the Nigerian Postal Service reference No. NIP/PMG/181/VOL.11 dated 1st February 2016, the Acting Post Master General of Nigerian Postal Service confessed that there is no formal memorandum of understanding/contract MOU agreement between NIPOST and Messrs Kasmal International Services Limited stating any term of engagement yet Kasmal International Services Limited proceeded to grant a waiver to all Commercial Banks and Financial Institutions by letter dated 22nd December, 2015 all arrears of remittances from 2004 till 1st January 2016 which NIPOST was entitled under Section 89 of the Stamp Duties Act to collect as well as the 20 Naira penalty on every such unpaid remittances of 50 Naira as prescribed by the Stamp Duties Act.
See also Kasmal International Services Limited letter dated 21st January 2016 to the Post Master General/CEO, Nigerian Postal Service, Abuja. The Honourable Attorney General of the Federation respectfully request that your Commission investigate this matter and submit a Report to him within three weeks of the receipt of this letter”, the Director of Public Prosecution of the Federation directed on behalf of the AGF.
And in an internal memo dated 17th March, 2016 from Okoi Obono-Obla, the Special Assistant to the AGF on Prosecution in his recommendations and advice to the Minister urged him to take over the representation of the Nigerian Postal Service in the Appeal pending in the Court of Appeal.
The subject title of this particular memo is: ‘Review of the Memo dated the 11th March, 2016, From The Post Master General to the Honourable Attorney General of the Federation titled “Further Development Following My Submission to the Honourable Attorney General of the Federation and Minister of Justice in Respect of Correspondences and Agreements Between Kasmal International Services Limited and Nigerian Postal Service which Culminated in the Judgment in Suit No. FHC/L/CS/1462/2013’
In it, Obono-Obla also asked requested the AGF “to take over the representation of the Nigerian Postal Service in Suit No. FHC/ABJ/CS/100/2016 filed by the Kasmal International Services Limited against the Nigerian Postal Service and the Honourable Attorney General and other Federal Government agencies in the Federal High Court, Abuja.”
