BATTLE NOT OVER YET AS OANDO TACKLES THE SEC OVER SACK OF HER DIRECTORS

Adewale Tinubu 

Friday, May 31, 2019 In a shocking pronouncement the Security and Exchange Commission, SEC, in a release, announced the sacking of Adewale Tinubu, Group Chief Executive Officer, GCEO,  Oando Plc, and other top directors of the Company over alleged capital market infractions.

In the statement, the commission stated that it had confirmed the conclusion of its investigations and that the findings from the audit report indicated serious infractions by the Company.
consequently, as part of its measures to address these violations, the commission  directed the resignation of the affected Board members of Oando Plc.

The SEC also directed the convening of an extra-ordinary General Meeting on or before July 1, 2019, to appoint new directors, as well as payment of monetary penalties by the Company to affected individuals and directors.

It further directed refund of improperly disbursed remuneration by the affected board members to the company, while also barring the GCEO and the Deputy Group Chief Executive Officer, DGCEO, Mofe Boyo from being directors of public companies for a period of five years.

However, in an official statement issued late on Friday May 31, 2019, the management of Oando Plc, a leading Africa's integrated oil and gas company, stated that it was not given a fair hearing on the lingering issue.
The Company stated that the alleged infractions and penalties were "unsubstantiated, ultra-vires, invalid and calculated " to prejudice the business of the Company, which might seriously affect the smooth running of their multibillion dollars investment.

The company, in the release, added that it was not given the opportunity to verify, review and respond to the forensic audit report, which made it difficult to ascertain what findings  were made in relation to the alleged infractions so as to defend itself before the SEC.

So in view of this, the Company has expressed its readiness to  explore all possible legal steps to protect its business and assets, while remaining committed to its pristine mission and vision in the interest of its shareholders.

OANDO'S WALE TINUBU & MOFE BOYO SACKED AND BANNED

Adewale Tinubu 

Mofe Boyo

It's most definitely not the best of time for the Billionaire top helmsmen at one of Nigeria's biggest oil and gas firm Oando. Both the erstwhile GMD & his Deputy have been sacked from the company. And not only have they gotten the ignoble boot, they have also gotten banned for atleast the next 5 years too, from holding any position in any public company. The fact is that it is what can be likened to triple jeopardy. As they would still also face criminal investigation afterwards too.

Wale Tinubu and Omamofe Boyo were both the Group Chief Executive and Deputy Group Chief Executive/Executive Director (Oando Energy Resources) at Oando Plc until the sledgehammer of the SEC fell on them today, Friday, May 31, 2019.

This is coming on the heels of the SEC investigation of Oando Plc following the receipt of two petitions by the commission in 2017 against the company.

According to the SEC, “Certain infractions of securities and other relevant laws were observed. The commission further engaged Deloitte & Touche to conduct a forensic audit of the activities of Oando Plc.

“The general public is hereby notified of the conclusion of the investigations of Oando Plc. The findings from the report revealed serious infractions such as false disclosures, market abuses, misstatements in financial statements, internal control failures, and corporate governance lapses stemming from poor board oversight, irregular approval of directors’ remuneration, unjustified disbursements to directors and management of the company, related party transactions not conducted at arm’s length, amongst others.”

The Commission also directs that some members of the Board of the group should resign immediately while it also directs payment of monetary penalties by Oando to affected individuals and directors and refund remuneration.

The commission also directed the payment of monetary penalties by the company and affected individuals and directors, and refund of improperly disbursed remuneration by the affected board members to the company.

It said as required under Section 304 of the Investments and Securities Act, (ISA) 2007, it would refer all issues with possible criminality to the appropriate criminal prosecuting authorities.

SEC stated that other aspects of the findings would be referred to the Nigerian Stock Exchange, Federal Inland Revenue Service, and the Corporate Affairs Commission.

The apex capital market regulator said, “The commission is confident that with the implementation of the above directives and introduction of some remedial measures, such unwholesome practices by public companies would be significantly reduced.

“Therefore, in line with the Federal Government’s resolve to build strong institutions, boards of public companies are enjoined to properly perform their fiduciary duties as required under extant securities laws.”

According to the commission, these, among others, are part of measures to address identified violations in the company.

However, the commission maintains its zero tolerance to market infractions, and reiterates its commitment to ensuring the fairness, integrity, efficiency and transparency of the securities market, thereby strengthening investor protection.

It also directed the convening of an Extraordinary General Meeting on or before July 1, 2019, to appoint new directors.