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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keeping it for someone

Cerberus is a SA company, Cerberus is not a legal company, Cerberus registration has expired... haba which one are we to believe now