Contrary to widespread reports in the Nigeria
media (PREMIUM TIMES not included) the
South African government has not returned the $15
million seized from arms dealers purportedly buying
arms for the Nigerian military. PREMIUM TIMES can authoritatively report that
the money remains frozen in South Africa and has
not been returned to the Nigerian government.
In October, several media articles quoting the
South African High Commissioner to Nigeria, Lulu
Mnguni, reported that the money seized in
connection with two dubious arms deal had been
released to the Nigerian government.
However, Mr. Mnguni has told PREMIUM TIMES
that the reports are false. Apart from the High
Commissioner, the spokesperson of the South
African National Prosecuting Authority, NPA, Nathi
Mncube, and a South African source that is
knowledgeable about the matter but requested not
to be named, told PREMIUM TIMES in separate
correspondences that the money was yet to be
released to the Nigeria government.
Rather than return the money, there is possibility
that the money may never be returned to the
Nigerian government again.
Responding to PREMIUM TIMES enquiry about the
extent of the investigation into the seized arms
money, Mr. Mncube, who declined to give specific
information because the NPA does not respond to
matters under investigation, however, said the
money may be forfeited to the South African
government.
“In terms of our law, proceeds of crime are
forfeited to the state,” he said.
On his part, Mr. Mnguni vehemently denied the
reports credited to him that the matter has been
resolved diplomatically and the money returned to
the Nigerian government.
He said it was not procedural for the South African
government to return frozen money in the manner
suggested in the reports quoting him.
“We don’t refund money that way,” he said during a
telephone conversation. “I said the matter would be
resolved within the legal and legitimate means. That
was what I said. I did not say the money has been
refunded. And I did not follow up since then on
whether the money has been refunded or not. It
has to be done through the legal and legitimate
means.”
PREMIUM TIMES investigation also revealed that
instead of providing document that validated its
claim that the deals were legal, the Nigerian
government has been vigorously pursuing a
diplomatic resolution of the matter.
Hard as it is trying, it appears the Nigerian
government is merely chasing the wind, as the
matter is no longer in the hands of diplomats and
politicians.
Unfazed by subtle threat of the National Security
Adviser, Sambo Dasuki, to come hard of South
African business interests such as MTN and DSTV
in Nigeria, NPA obtained court orders freezing the
money.
Now, Nigeria has to go through the full hog of court
processes to secure its release – something the
government, which claimed ownership of the money,
appears incapable of doing following the backdoor
manner the deals were reached.
“The money was frozen by two court orders and the
court requires the documentations before the
money is released,” Mr. Mncube said. “The money is
still here and is not going anywhere. We would not
release it if we don’t have a surety where the
money is going. It is a court process.”
Shady arms brokers
The inability of the Nigerian government to recover
the seized money is hinged on the fact that the two
South African companies it was transacting the deal
with may have lacked the legal status and the
prerequisite authorisation to engage in such deals.
In fact, in addition to not having the legal
authorisation to deal with the sale of military grade
armaments, one of the companies, Cerberus Risk
Solution, was in 2013 indicted for breaching a
United Nations Security Council Resolution
unlawfully by exporting controlled items to the
Ivory Coast and is facing a criminal investigation
over the matter.
With the first tranche of $9.3 million, the NPA
said, Tier One Service Group, which the government
wanted to procure the arms from, does not have the
authorisation to sell or rent military equipment.
While casting doubt that the money was meant for
the procurement of arms as claimed by the Nigerian
government, South African investigators said Tier
One was not a registered arms dealer.
“In court papers, the NPA submitted evidence that
Tier One is not registered with the National
Conventional Arms Control Committee and is thus
not authorised to enter into any agreements
regarding the sale and/or rental of military
equipment,” a statement by NPA read.
An invoice obtained by the NPA showed an order
for drones, rocket and attack helicopter.
In the second deal worth $5.7 million, South
African investigators discovered that Cerberus
Risk Solution neither has a valid Registration
Certificate, valid Marketing Permit nor a
contracting Permit – statutory documents
stipulated by South African law before a company
can engage in brokering a deal involving the sale of
50 units of M-75 20mm cannons and 200,000 rounds
of 20mm ammunitions Societe D’Equipments
Internationaux was seeking to buy on behalf of the
Nigerian Military.
The NPA explained that though Cerberus Risk
Solution was registered by the South African
National Conventional Arms Control Committee and
issued a registration certificate MS1-11-0001041 on
May 30 2011 with legally empowers it to act as an
agent to deal with “specialised military and law
enforcement equipment”, its Registration
Certificate expired on May 27, 2014 two weeks
before it received the $5.7 million paid into its
Standard Bank account.
The NPA also explained that though Cerberus was
granted a Marketing Permit AMP2-12-0004803 on
April 2 2012, the expiration of its Certificate of
Registration automatically rendered that permit
invalid.
On September 5, $9.3 million cash stashed in two
plastic suitcases and two pieces of hand luggage was
seized at the Lanseria International Airport,
Johannesburg from three men, now identified as
Israeli, Eyal Mesika, and two Austrian nationals, R.
Wolfgang and M. Michael.
The private the jet that conveyed the money
belongs to the president of the Christian
Association of Nigeria, Ayo Oritsejafor, although
the cleric has said he had leased the aircraft out
and was ignorant of what it was being used for.
The NPA said the suspect did not obtain the
necessary approval or documentation allowing them
to carry more than the $2,300 cash limit allowed by
South African law.
While the dust created by the confiscation of the
cash was yet to settle, South African authorities
seized another $5.7 million transferred by Societe
D’Equipments Internationaux of Nigeria to a South
African arms company, Cerberus Risk Solutions, for
the procurement of another batch of arms.
The National Security Adviser, Sambo Dasuki, who
signed off on the first deal, said the arms deal was
conducted legally. He reminded the South Africa
government that Nigerian has provided favourable
environment for South African companies such as
MTN and DSTV to thrive unhindered. He said he
expected the South African government to
“reciprocate the noble gesture” by releasing the
money.

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www.saharareporters.com/2014/12/04/exclusive-contrary-reports-south-africa-still-holding-nigerias-seized-15-million-arms

Sahara reporters and propaganda. Bread and butter.

Any info from Saharareporters is confirm truth. So it is true?

front page awaiting....GEJ is gone