Highlight
- FG has filed four count charges against Seplat Energy plc, it’s CEO and others before an Abuja division of the federal high court.
- The defendants were accused of conspiring to allow Mr. Brown take over business as CEO of Seplat Energy PLC without the consent of the Minister of Interior.
- They were also accused of failing to apply for the Comptroller-General of Immigration’s approval before employing Mr. Brown both as Chief Finance Officer and CEO which was contrary to the provisions of the Immigration 2015.
The Federal Government has filed criminal charges against Seplat Energy PLC over an alleged breach of extant provisions of the 2015 Immigration Act.
The four-count charges were filed before an Abuja division of the Federal High Court in a suit marked FHC/AB/CR/149/2023, as seen by Nairametrics.
In the suit, the FG accused Seplat Energy and others of allowing Mr Brown to accept employment as the company’s CEO without the statutory approval of the Controller-General of Immigration.
The defendants in the suit
The defendants in the suit include Seplat Energy alongside its CEO, Mr Roger Brown, the company’s Board Chairman Mr Basil Omiyi, Dr Charles Okeahalam, Independent Non-Executive Directors Mrs Bashirat Odunewu, Prof. Fabian Ajogwu, Mr Rabiu Bello, Ms Emma Fitzgerald, and the Company Secretary/Legal Counsel, Mrs Edith Onwuchekwa.
They were also accused of conspiring to allow Mr Brown to take over the business as CEO of Seplat Energy PLC without the consent of the Minister of Interior.
One of the allegations against them is that they allowed Mr Roger Brown who is a non-Nigerian to accept employment as CEO of Seplat after the withdrawal of his visa, residence, and work permits.
They were also accused of failing to apply for the Comptroller-General of Immigration’s approval before employing Mr Brown both as Chief Finance Officer and CEO which was contrary to the provisions of the Immigration 2015.
The charges, as contained in the suit by the FG, read:
- “That you, SEPLAT ENERGY PLC, MR ROGER THOMPSON BROWN, MR BASIL OMIYI, DR CHARLES OKEAHALAM, PROFESSOR FABIAN AJOGWU, MR RABIU BELLO, MRS BASHIRAT ODUNEWU, MS EMMA FITZGERALD, MRS EDITH ONWUCHEKWA, on or before the 9th day of March 2023 at SEPLAT Energy Plc Head Office 16 A Temple Road Oluholloway Ikoyi Lagos, within the Jurisdiction of the Honourable Court, did conspire among yourselves to allow Mr Roger Brown accept employment as Chief Executive Officer at Seplat Energy PLC without the consent of the Comptroller General of Immigration, contrary to Section 36 (1)(a) and 71 of the Immigration Act 2015 and punishable under Section 36 (2) and Section 71 (a) of the Immigration Act 2015.
- “That you did conspire among yourselves to allow Mr Roger Brown to take over the business as Chief Executive Officer of Seplat Energy PLC without the consent of the Minister of Interior, contrary to Section 36 (1) (b) and punishable under Section 36 (2) and Section 105 of the Immigration Act 2015.
- “That you, on or before the 9th day of March 2023 at Seplat Energy PLC Head Office 16 A Temple Road Oluholloway Ikoyi Lagos, within the Jurisdiction of the Honourable Court, you as director, secretary, members of the board of directors of Seplat Energy PLC as the case may be, did instigate, encourage, connive, by neglect on your part, allow Mr Roger Thompson Brown, a non- Nigerian to accept employment as Chief Executive Officer of Seplat Energy PLC even after withdrawal of his immigration documents, contrary Sections 36, 71 and 105 of the Immigration Act 2015 and punishable under Sections 36(2) 105(1) of the Immigration Act 2015.
- “That you did refuse to make an application to the Comptroller-General of Immigration for his permission before employing Mr Roger Thompson Brown both as Chief Finance Officer and Chief Executive Officer of Seplat Energy PLC, contrary to Section 38(1) of the Immigration Act 2015 and punishable under Section 38(5) of the Immigration Act 2015”.
The backstory
Recall that on March 3, the FG revoked the visa, resident permit, and work permit issued to Mr Brown over alleged racist practices, discrimination against Nigerian employees at Seplat, favouring of expatriate workers, and breach of good governance codes. Part of the letter reads:
- “Investigation and records in the Ministry also revealed that Mr Roger Brown was in possession of CERPAC that was not based on validly issued Expatriate Quota approved by the Ministry of Interior resulting in the violation of relevant Immigration Laws and Regulations.
- “As a result of these, the Honourable Minister has determined that Mr Brown’s continued stay in Nigeria is contrary to the national interest.
- “Consequently, the Ministry has withdrawn the Work Permit CERPAC, Visa, Residence Permit and all relevant documents that authorised Mr Roger Thomson Brown’s entry or stay in Nigeria.”
Reacting to the revocation, Seplat Energy released a letter saying “The Board of Seplat Energy unanimously passed a vote of confidence in Mr Brown, who continues to discharge his duties and responsibilities as CEO from the Seplat UK office”.
A federal high court in Lagos had also restrained Mr Brown from participating in the running of the company for 7 days.
The order was issued following a petition filed by 5 persons who claimed to be minority shareholders of the company.
They accused the Chairman, CEO and all of the Independent Non-Executive Directors (INEDs) of Seplat Energy of being unfair, prejudicial, and offensive.
Mr Brown was also accused of organising a site visit for a number of its major shareholders to the company’s operations, cancellation of some catering and landscaping contracts, and introducing a new job performance rating.
Seplat Energy has argued that the petition lacks proper basis and is premised on false allegations, adding that it remained confident that the judicial process will address the circumstances appropriately.
Last week, the court vacated the order and adjourned the matter to May 16, 2023.
The company also refuted the allegations in a statement and noted that since Mr Brown became CEO in 2020 Nigerian nationals have been appointed to the company’s most important positions, including Chairman, Senior Independent Non-Executive Director, Chief Financial Officer and Chief Operating Officer.
I mean, it’s not every day you come across a country with such an impressive ability to turn minor shareholder disagreements into full-blown criminal cases that even involve the immigration status of a senior expat executive who’s been living and working in Nigeria for over a decade.
Who wouldn’t want to invest in a place like that, am I right?
Fellow Nigerians, your government is “working”
Immigration should investigate itself on how he got permit when the quota has been exceeded