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Former DSME CEO Sentenced to 10 Years over Accounting Fraud

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  • As NJC dismissed bribery petition against Justice Ademola, official tells court

Ko Jae-ho, the former head of the ailing South Korean shipbuilder Daewoo Shipbuilding and Marine Engineering (DSME), has been sentenced to 10 years in prison by a lower court in Seoul over accounting fraud, Yonhap News Agency reports.

The Seoul Central District Court found Ko, who held the position of DSME’s President and CEO from 2012 to 2015, guilty of altering accounts and figures in 2013 and 2014 to inflate assets as well as of obtaining loans by using faked financial statements.

Although he was charged with accounting fraud for 2012, the court freed Ko of charges due to a lack of evidence.

Furthermore, DSME’s former vice president has been given a seven-year sentence as he was involved in the fraud case.

In July 2016, Ko was called in for questioning as part of an accounting probe into the financial reports of the shipbuilder.

Subsequently, Ko was formally accused of taking part in an accounting fraud worth KRW 5.4 trillion (USD 4.6 billion).

The newest decision by the court comes only a day after Jung Sung-leep, DSME’s President and CEO since May 2015, was interrogated by prosecutors as he has been reportedly charged with underreporting some KRW 120 billion in business losses in 2015.

DSME received around KRW 21 trillion in loans between 2013 and 2015 reportedly on the back of a higher rating achieved through fraudulent conduct.

In the meantime, an official of the National Judicial Council, Mr. Eugene Odukwu, said before a High Court of the Federal Capital Territory, Maitama, on Wednesday, that a petition accusing a judge of the Federal High Court in Abuja, Justice Adeniyi Ademola, was dismissed by the council.

Odokwu, who is the Director of Administration of the NJC, said this while appearing as the fourth prosecution witness in the ongoing joint trial of Justice Ademola; his wife, Olabowale and a Senior Advocate of Nigeria, Mr. Joe Agi, on charges bordering mainly on receiving of gratification.

The said petition in question was sent to the NJC, by a former Director, Pension Accounts Office of the Head of Civil Service of the Federation, Dr. Sani Shaibu Teidi, alleging that Justice Ademola demanded N25m as bribe from him while standing trial before the judge in 2013.

The petition was signed by Teidi’s wife, Fatimah.

Teidi’s trial before Justice Ademola in 2013 had to do with his (Teidi’s) alleged involvement in pension scam.

It was alleged in the petition sent to the NJC that Justice Ademola attempted to obtain N25m as gratification from Teidi as condition for granting him bail in the course of the trial.

Following the raid on Justice Ademola’s residence by the operatives of the Department of State Services on October 7, 2016, the Federal Government filed 16 counts bordering mainly on receiving of gratifications, against the judge, his wife and Agi.

In one of the 16 counts preferred against the defendants, Justice Ademola was accused of attempting to receive gratification from Teidi.

The NJC official, Odokwu appeared in court as the fourth prosecution witness to tender documents in the custody of the council on Wednesday.

The witness tendered among others, the Certified True Copy of the proceedings of the council on the petition and the CTC of the report of the NJC in respect of its findings on Teidi’s allegation.

He responded “yes” when asked under cross-examination by Agi’s lawyer, Mr. Jeph Njikonye, that the petition on Teidi’s allegation had been dismissed by the NJC.

Also at the Wednesday’s proceedings, a Deputy Chief Registrar of the Litigation Department of the Federal High Court, Abuja, Mrs. Christine Ende, appeared as the fifth prosecution witness called upon to tender documents in the court’s custody.

The documents she tendered were in relation to the suit with number ABJ/CR/82/2013.

They were the CTCs of the charge, the amended charge, the motion for bail, ruling on bail application, motion for variation of bail conditions, and ruling refusing variation of bail conditions with respect to Teidi’s case.

World Maritime News with additional report from Punch

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WAIVER CESSATION: Igbokwe urges NIMASA to evolve stronger collaboration with Ships owners

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…Stresses the need for timely disbursement of N44.6billion CVFF***

Highly revered Nigerian Maritime Lawyer, and Senior Advocate of Nigeria (SAN), Mike Igbokwe has urged the Nigeria Maritime Administration and safety Agency (NIMASA) to partner with ship owners and relevant association in the industry to evolving a more vibrant merchant shipping and cabotage trade regime.

Igbokwe gave the counsel during his paper presentation at the just concluded two-day stakeholders’ meeting on Cabotage waiver restrictions, organized by NIMASA.

“NIMASA and shipowners should develop merchant shipping including cabotage trade. A good start is to partner with the relevant associations in this field, such as the Nigeria Indigenous Shipowners Association (NISA), Shipowners Association of Nigeria (SOAN), Oil Trade Group & Maritime Trade Group of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA).

“A cursory look at their vision, mission and objectives, show that they are willing to improve the maritime sector, not just for their members but for stakeholders in the maritime economy and the country”.

Adding that it is of utmost importance for NIMASA to have a through briefing and regular consultation with ships owners, in other to have insight on the challenges facing the ship owners.

“It is of utmost importance for NIMASA to have a thorough briefing and regular consultations with shipowners, to receive insight on the challenges they face, and how the Agency can assist in solving them and encouraging them to invest and participate in the maritime sector, for its development. 

“NIMASA should see them as partners in progress because, if they do not invest in buying ships and registering them in Nigeria, there would be no Nigerian-owned ships in its Register and NIMASA would be unable to discharge its main objective.

The Maritime lawyer also urged NIMASA  to disburse the Cabotage Vessel Financing Fund (CVFF)that currently stands at about N44.6 billion.

“Lest it be forgotten, what is on the lips of almost every shipowner, is the need to disburse the Cabotage Vessel Financing Fund (the CVFF’), which was established by the Coastal and Inland Shipping Act, 2003. It was established to promote the development of indigenous ship acquisition capacity, by providing financial assistance to Nigerian citizens and shipping companies wholly owned by Nigerian operating in the domestic coastal shipping, to purchase and maintain vessels and build shipping capacity. 

“Research shows that this fund has grown to about N44.6billion; and that due to its non-disbursement, financial institutions have repossessed some vessels, resulting in a 43% reduction of the number of operational indigenous shipping companies in Nigeria, in the past few years. 

“Without beating around the bush, to promote indigenous maritime development, prompt action must be taken by NIMASA to commence the disbursement of this Fund to qualified shipowners pursuant to the extant Cabotage Vessel Financing Fund (“CVFF”) Regulations.

Mike Igbokwe (SAN)

“Indeed, as part of its statutory functions, NIMASA is to enforce and administer the provisions of the Cabotage Act 2003 and develop and implement policies and programmes which will facilitate the growth of local capacity in ownership, manning and construction of ships and other maritime infrastructure. Disbursing the CVFF is one of the ways NIMASA can fulfill this mandate.

“To assist in this task, there must be collaboration between NIMASA, financial institutions, the Minister of Transportation, as contained in the CVFF Regulations that are yet to be implemented”, the legal guru highlighted further. 

He urged the agency to create the right environment for its stakeholders to build on and engender the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders.

“Lastly, which is the main reason why we are all here, cessation of ministerial waivers on some cabotage requirements, which I believe is worth applause in favour of NIMASA. 

“This is because it appears that the readiness to obtain/grant waivers had made some of the vessels and their owners engaged in cabotage trade, to become complacent and indifferent in quickly ensuring that they updated their capacities, so as not to require the waivers. 

“The cessation of waivers is a way of forcing the relevant stakeholders of the maritime sector, to find workable solutions within, for maritime development and fill the gaps in the local capacities in 100% Nigerian crewing, ship ownership, and ship building, that had necessitated the existence of the waivers since about 15 years ago, when the Cabotage Act came into being. 

“However, NIMASA must ensure that the right environment is provided for its stakeholders to build and possess the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders. Or better still, that they are solved within the next 5 years of its intention to stop granting waivers”, he further explained. 

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Breaking News: The Funeral Rites of Matriarch C. Ogbeifun is Live

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The Burial Ceremony of Engr. Greg Ogbeifun’s mother is live. Watch on the website: www.maritimefirstnewspaper.com and on Youtube: Maritimefirst Newspaper.

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Wind Farm Vessel Collision Leaves 15 Injured

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…As Valles Steamship Orders 112,000 dwt Tanker from South Korea***

A wind farm supply vessel and a cargo ship collided in the Baltic Sea on Tuesday leaving 15 injured.

The Cyprus-flagged 80-meter general cargo ship Raba collided with Denmark-flagged 31-meter wind farm supply vessel World Bora near Rügen Island, about three nautical miles off the coast of Hamburg. 

Many of those injured were service engineers on the wind farm vessel, and 10 were seriously hurt. 

They were headed to Iberdrola’s 350MW Wikinger wind farm. Nine of the people on board the World Bora were employees of Siemens Gamesa, two were employees of Iberdrola and four were crew.

The cause of the incident is not yet known, and no pollution has been reported.

After the collision, the two ships were able to proceed to Rügen under their own power, and the injured were then taken to hospital. 

Lifeboat crews from the German Maritime Search and Rescue Service tended to them prior to their transport to hospital via ambulance and helicopter.

“Iberdrola wishes to thank the rescue services for their diligence and professionalism,” the company said in a statement.

In the meantime, the Hong Kong-based shipowner Valles Steamship has ordered a new 112,000 dwt crude oil tanker from South Korea’s Sumitomo Heavy Industries Marine & Engineering.

Sumitomo is to deliver the Aframax to Valles Steamship by the end of 2020, according to data provided by Asiasis.

The newbuild Aframax will join seven other Aframaxes in Valles Steamship’s fleet. Other ships operated by the company include Panamax bulkers and medium and long range product tankers.

The company’s most-recently delivered unit is the 114,426 dwt Aframax tanker Seagalaxy. The naming and delivery of the tanker took place in February 2019, at Namura Shipbuilding’s yard in Japan.

Maritime Executive with additional report from World Maritime News

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