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African Petroleum Plaza, Abuja. Photo: AFRICAN PETROLEUM

African Petroleum is bankrupt - Access Bank

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"The company is insolvent and unable to pay its debts. In the circumstances, it is just and equitable that the company should be would up." Such is the conclusion Access Bank Plc. has reached about African Petroleum Plc. (AP) following AP's failure to repay the bank $35.1 million.

In a two-page statement carried in two national newspapers yesterday, Access Bank, through it's legal counsel, Olisa Agbakoba and Associates, published details about a case currently at the Federal High Court in Lagos.

The statement read, "The company (AP) is indebted to your petitioner (Access) in the sum of US $35,153,822.15 (approximately ₦5.2 billion), being the outstanding obligation on the Letter of Credit (LC) opened by the petitioner (Access) on 18th July 2008, on behalf of the respondent (AP) to facilitate the importation of petroleum products."

According to the statement, "the LC was established and booked on 18th of July 2008 and matured on December 1, 2008," but "upon maturity of the LC, the Company was unable to settle the LC obligation of $US35.1 which is still outstanding as at the presentation of this petition."

In the statement, Access Bank stated that it wrote several times to AP to settle its debt; on January 02, 2009, March 2, 2009, March 26, 2009 and May 25, 2009, but "despite the various correspondences above, calling on the company to settle its LC obligation, the company failed to act accordingly, by settling the amount due." The court case has been adjourned till Wednesday July 22, the same day as AP's annual general meeting.

Legal permission

The statement by Access Bank's lawyers, was preceded by two pages of court documents. On one page was a Federal High Court Lagos order giving Access Bank "leave to advertise the petition." On the second page was an "Affidavit verifying Access Bank Plc Petition," signed by Louis Enahoro, the company secretary of Access Bank and a legal practitioner.

The case is described as "In the Matter of Africa Petroleum Plc and in the matter of the Companies and Allied Matters Act, Cap C.20 and in the Matter of an Application for winding up pursuant to sections 408, 409 and 410 of the Companies and Allied Matters Act, Cap. C.20" between Access Bank Plc (the Petitioner) and African Petroleum Plc (Respondent)."

According to section 408 of the Act, "a company may be wound up by the court" for several reasons, including "if the company is unable to pay its debts" and "if the court is of opinion that it is just and equitable that the company should be wound up."

Section 409 of the Act states that "a company shall be deemed to be unable to pay its debts if - a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding 2,000 then due has served on the company, by leaving it at its registered office or head office, a demand under his hand requiring the company to pay the sum so due, and the company has for three weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor."

According to Section 410 of the Act, "an application to the court for the winding up of a company shall be by petition presented subject to the provisions of this section," by several parties including the company itself and "a creditor, including a contingent or prospective creditor of the company."

Central Bank pressure

On June 19, 2009, the Central Bank of Nigeria (CBN) sent a circular to all banks, demanding that they "submit to the Ag. Director of Banking Supervision, details of their total exposures to the companies in the Energy Sector, namely Up-Stream, Down-Stream and Oil Service companies, as at May 31, 2009."

Lamido Sanusi, the governor of the Central Bank, in his first official speech as governor on July 07, 2009 said, "the CBN surveillance activities will receive new impetus to ensure efficient management and good corporate governance"

In stating the central bank's view that the Nigerian banking sector does not face a systemic risk, he said, "our view is that there are stress points in banks' balance sheets (margin loans, proprietary positions, oil marketing names, unsecured large exposures) and these are being dimensioned."

The Access-AP court case has thrown up one such "stress point." Banking and industry observers await Wednesday July 22 - when the court will give its judgement and the same day as AP's Annual General Meeting.

Access Bank Plc is amongst the top 10 Nigerian banks by assets. It's headquarters is in Victoria Island, Lagos . Access Bank's group managing director/chief operating officer is Aigboje Aig-Imoukhuede.

African Petroleum (AP) is a Nigerian major marketer of refined petroleum products, with it's head office in Marina, Lagos. AP's Chairman and Chief Executive Officer (CEO) is Femi Otedola. Mr Otedola is also the CEO of Zenon Petroleum & Gas Limited, a petroleum marketing and distribution company.

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Reader Comments (44)


Posted by agbo on Jul 21 2009

Femi, please come out and defend your name and the company.

Posted by Sullyman 'Lawore on Jul 21 2009

The reality is that people are laying foundations for the excuse as to what has happened to the depositor's money. AP is not the only one involved. Let Access bank tell us how many of such customers as AP has this profile with their bank. Yes, AP will have to face the legal consequence but the global picture should also involve audit as to whether all the necessary due process was followed. Truth be told our banks have been reckless in doling out peoples money. Loans were given to contest elections which has been lost and therefore no key to the treasury to loot and repay; to buy shares without security and given for execution of sham contracts without proper due diligence.

Posted by Legal Alien on Jul 21 2009

The problem is NOBODY KNOWS THE TRUTH ABOUT ANYTHING IN NIGERIA. Who knows, Access bank could be owned by Aliko Dangote. As we all know, Nigerian Banks do not have a clue about Banking in the real sense of the business. Sullyman, I hear you. Who can tell me if Dangote is still on the Nigerian stock exchange National Council Mmebers. I will be surprised after all the accusations levied against him. I am not saying he should quit...but he ought to step aside pending the report on the findings. Abi no investigation is going on? Hmm! Nigeria we hail thee!

Posted by Saintopo on Jul 21 2009

Your headline, is too sensationalist and deters from the facts. That a winding-up petition has been filed by an aggrieved creditor does not equal that the company in question is bankrupt more so as this is a disputed debt. Also, this strikes me as unbalanced reporting as you make no mention of the very public spat between Access Bank and AP. This is clearly a tactic on the part of Access Bank to force AP's hand given the very serious impact that it will have on AP's share price or even its ability to carry on as a listed company.

Posted by MUSTASH on Jul 21 2009

Nigeria we hail thee Our own dear native land....

Posted by abulimen on Jul 21 2009

I couldnt agree more with Saintopo's position. your report is not only too sensational but also one sided as it does not carry any report on AP's side of the story. Whatever happened to thier own view? Not even the usual hint of "all efforts to reach an official of AP proved abortive" or "an official of AP who claimed anonymity" these are lines we know journalist employ (though the truth is another different story altogether). Point is Access has alot more to do to clean up thier acts/books.

Posted by Odaman Benson on Jul 21 2009

Access Bank is certainly playing the game of Jacob's voice and Esau's hand. I have seen several photographs of the main players in Access Bank with Aliko Dangote. He has a hand in this smear campaign to further his selfish interests.It is sad and unfortunate that the bank is sacificing its reputation on the alter of the face off between Dangote and Otedola. C'mon, Access Bank, Nigerians know better.

Posted by Balloo on Jul 21 2009

How are we sure is not the fight of Dangote and Otedola is taking another dimention.May God save us in the country where few greedy people are controlling the fate of millions of Nigeria wthout impunity nor fear of God. One day we shall be history.

Posted by BrusoO on Jul 21 2009

Let's not be emotional or sentimental. What are the facts of the case? Is AP owing Access Bank? How long has this debt remain unpaid? Is the debt in dispute? if yes, what is the bone of contention? If no, does it mean that AP is going bankkrupt or is there a character issue? Let us all face the fact and forget the issues of religion, tribe, who is behind who etc.

Posted by Ayo Moses on Jul 21 2009

That AP is oweing Access Bank is not in contention. What we need are the facts behind the transaction in the interest of good coporate governance, our economy and posterity. If its also possible to see some behind-the-scene happenings with facts, ofcourse that will be also helpful to the genral public. This is getting interesting!

Posted by keem on Jul 21 2009

Saintopo, pls try open your mind when reading news..Did u read this in the report 'In the statement, Access Bank stated that it wrote several times to AP to settle its debt; on January 02, 2009, March 2, 2009, March 26, 2009 and May 25, 2009, but "despite the various correspondences above, calling on the company to settle its LC obligation, the company failed to act accordingly, by settling the amount due."' Let's not becloud our thoughts with who is behind whaT. Is it true that AP is owing? A housewife who has played into the hands of a bachelor has to pay for whatever comes out of it

Posted by opions on Jul 21 2009

I think EFCC should come in Here

Posted by Ekanem on Jul 21 2009

Naija, Naija, Na waa for us oooo. What has Dangote got to do with AP not been able to pay its debt? Remember, Jimoh Ibrahim confessed that they can't do without the banks and he believes that there is no billionaire among them until they have all paid their debts. Its only in Nigeria where the defense of a criminal act is that 'I am not the only one'. Access bank has consistently been asking for the loan once in Jan, twice in March and once again in May. So they are justified in taking the matter to court. Anyway, to owe is not a crime but to pay back is. I believe they will come to an agreement on how to settle their problem so that I can get some improvement in my dividend ( I have 4000 shares of Access bank...I know try?).

Posted by ibuonye-onyeipke on Jul 21 2009

yesoooooo!!!!!!!!! here again, who on this earth gives loan of such magnitude without collateral. so sell the ollateral if the loan is bad, but that does not mean AP is bankrupt. i don't like Aluko nor Otedola or even Access Bank, but to fool nigerians are the things of the past. is not even up to one year the loan was made. though the fall in crude could have coursed that but allow AP time to restructure the loan. work with them and they will pay you after all they are your customers. Did you tell us how much you made, will make and continue to make from AP business with Access bank. Again people like Aluko need to be polished in doing business. Business he started at age 21 yet he still do it like person of Age 21. Grow up if you are part of this attent to finish Otedola. And you Otedola brush up and stop trouble becos of Kwudi/Owo.

Posted by ibuonye-onyeipke on Jul 21 2009

Before I forget media try and be investigative. Don't give us raw material try and refine it to make it edible and pallatable.

Posted by Bassey Bassey on Jul 21 2009

I am not supprise to read about this, what am rather supprise is the sentiment being express the very Nigerian people whose money has been gambled here. I would have expected Saintopo to be a concern Nigerian and worry that very insignificant number of Nigerian are taking the entire nation and indeed economy hostage. The truth of the matter is that for those Nigerians and Students of economy who may not really understand how some Nigerians becomes "BIG MEN" they need to read this and have wisdom. God help us.

Posted by Obose Akhideno on Jul 21 2009

Nigerians, why are so stupid? Is it not obvious what is going on? we Niger Deltans are killing oil business for already debated reasons and well, that is another story, but the truth is that there is no money in oil business again as far as Nigeria is concerned, that coupled with the global economic crisis which Nigeria foolishly thought will not affect us, is killing both Otedola and Dangote. I am neither Yoruba nor Hausa, I am Niger Deltan to the core and am not an admirer of either otedola or dangote, but if we take our minds back to the full story of otedola and African Petroleum when at a time the share price rose from less than 10 naira to 140naira in 2 months because otedola wanted to buy the majority equity in AP, we wey sabi business knew that unless he gets all the help available to him, he was doomed too fall. now Yaradua is an idiot who have killed business for Nigerians even more than the credit crunch, and we in ND are fighting for our rights down south, how are you expecting him to pay up his debts? abeg, let us all wait and see, Nigeria as an entity is crumbling left, right and centre and the biggest culprit is non other than that cow who rules us all, Yaradua.

Posted by jide jimoh, LASU. on Jul 21 2009

Without prejudice to the facts,this story lacks the elementary journalistic rudiment of balance and, indeed, fairness.please tell us AP's side.

Posted by Chukwudi on Jul 21 2009

Odetola and Dangote may be devils, but in my opinion Dangote is the lesser one. Both are traders, except that one is more of a trader than the other. Dangote invest some of his profits in building factories in Nigeria, especially in his area of expertise, i.e. commodities. Employing 11000 people, to me, is not a small feat. This is a direct employment, not to talk of the indirect employment, etc. What this means is that if we have 10 people of Dangote's calibre then over a 100,000 employment. In that case, with or without govt support he will still survive. That still does not excuse his other alleged illegal activities, but the fact remains that he is investing in the real sector of our country which most so called Nigerian businessmen are not interested in. I wish other Nigeria big-time tycoons do the same. Odetola, on the other hand is a full time importer, unless he has other hidden industries which I am unaware of. Just a little change in import tarrifs can ruin Odetola's business. Remember, Mohammed Abacha tried to compete with Dangote in the late 90s in sugar and cement but he undercut him (Mohammed) by selling below his cost price. Note that this was when the Evil General was in power. If Abacha was unable to stop him then I don't think a civilian govt can, because he can take the case to court. But the article is not about Dangote and Odetola...instead it is about a dispute between a creditor and a debtor. Unless there is a disagreement on the terms or amount actually owed, I don't see how AP is going to get away with this one. Nigerian banks don't give long term credit, most of their credits are payable within a yr, may be thats why Access bank wants their money back.

Posted by omotayo sunday on Jul 21 2009

its amazing that there could be these various perspectives to a case that is already in court for determination. let the court of law take its due course in educating the public on the contractual terms of agreement btw AP and access bank. am sure the court will not pronounce its judgement in favour of Otedola or Dangote. its a case btw Access bank and AP.

Posted by Chukwudi on Jul 21 2009

Omotayo, true. That is why in my conclusion I said 'the article is not about Dangote and Odetola'. I was trying to voice my opinion on the pundits who thinks that Dangote is responsible for everything negative that happens to Odetola.

Posted by RWS on Jul 21 2009

First, owing money does NOT equate to bankruptcy, since every corporation carries working or trading debt. Second, folks have to try and distinguish between AP (a publicly- listed company) and Femi Otedola. AP's debt are LIMITED by operation of law, and will never flow to Otedola. Finally, AP is not alone in this situation. Fact is that because the PPPRA regularly fails to pay fuel marketers within the stipulated 60-90 days for fuel imports, most of the marketers (who borrow from banks to pay for imports) ROUTINELY face this situation.

Posted by subsy on Jul 22 2009

There are many perspectives to the story. AP could truly be in debt but Access Bank will not have taken it this far if there was no external influence. In a war of supremacy, every connection to irregularity becomes a weapon. Dangote, Otedola, AP and Access bank have complex intertwined relationship which they are yet to fully disclose to Nigerians.

Posted by Ayo on Jul 22 2009

this is really sad news.whats the lesson we should pick from this?

Posted by tope olukoya on Jul 22 2009

let the EFCC take full charge of the case and investigate properly.Nigerians want to know the outcome of this case and many more involving our great business moguls at hand.

Posted by Chioma on Jul 22 2009

All I can say is that there are still some vital information hidden under the carpet until it is revealed, the case will be pending.

Posted by Legal Alien on Jul 22 2009

When 2 Elephants fight, (Aliko VS Otedola) it is the grass that suffers. That is a fight I would love to see...I mean physical fight. Winner take all contest. Let us know who is really the biggest boy. All this undercover attacks don do. @Ayo....What lesson should we pick? Aren't you Nigerian? Nigerians never learn from anything. If we were that intelligent, we won't be run by fools and thieves. Having said that, me I am intelligent o....Any other intelligent Nigerians out there....Let us take over the nation. Enough is Enough. Let us fight for our rights....for our future. OCTOBER 1 2009 - Let us bring the nation to a halt with an all week long demonstration in Abuja , Lagos AND PH. Peaceful...if we are allowed to. Now, that is intelligence for you.

Posted by EMEKA on Jul 22 2009

WHY IS THIS NEWS? IT IS A LEGAL DISPUTE. DID THE REPORTER BOTHER OBTAINING THE STATEMENT OF CLAIM AND AP'S STATEMENT OF DEFENCE OR DID THE REPORTER BOTHER TO GET A REACTION FORM AP TO THE ALLEGATIONS MADE BY ACCESS? DID THE REPORTER EVEN CHECK IF AP HAD RETAINED A LAWYER TO DEFEND THE ACTION? SUCH INFORMATION WOULD PROVIDE US WITH MORE FACTS AND PROVIDE US WITH AN ACTUAL STORY WORTHY OF PRINT. I MUST AGREE THE HEADLINE CAUGHT MY ATTENTION, BUT HAVING READ THE STORY IT IS CLEAR THAT IT WAS SENSATIONALISTIC HEADLINE DEVOID OF ANY REAL INFORMATION THAT ONE CAN BASE AN INFORMED OPINION ON. NEXT TIME I WILL BE CAREFUL WHAT I PAY ATTENTION TO.

Posted by Ibrahim Dikko, Scotland. on Jul 22 2009

The fact that the New Central Bank Governor Sanusi, wanted to know the exposure of our Banks to internal and external risk will definately expose both the banks and their debtors. Some of these debts were responsible as in the case of AP and its arrangement for an LC worth say $36 million USD. Some were not, but for a bank to degenerate into exposing its customers in the pages of News paper for a case still pending in court calls to question the genuineness of their claim. No were in this world has a business agreement or arrangement end up as a reason to declare such arrangement a reason for bankruptcy. Their is more to it than Access Bank Plc is telling us. Those of the view that the books of Access bank should be audited and i believe their recklessness will be exposed and that the people will realise that banks in Nigeria just like other banks around the world are just gambling with peoples hard earn resources. When a bank collapse, it is its poor hard working populace that suffer, those that are in power or highly placed in the society always have privilage information and take thier vast capital away before the cookies crumble. dont get me wrong, if AP as a company has renege on its arrangement with Access Bank, i thing the court is the right place to decide the liquidity of AP not Access bank. Access bank should not leave the main issue of trying to recover its money to chase an issue of trying to declear that AP is insolvent. Afterall, if AP is insolvent, how can it recover the loan?

Posted by sani on Jul 22 2009

i am urging all the customers to exercise patience with on going situation pending the outcome of decision taken by the management

Posted by Rsquare on Jul 22 2009

no wonder you guys complain o much about nothing never happening in Nigeria. 1st and 4most, Access share on exchange i less than 6 naira, Ap is more than 80 naira. see the gulf. issues border on LC with agreed exchange rate only for Access bank to serve notice using rate of 2 days later to which AP responded same day and pointed Access' attention to the matter. shouldn't Access bank have followed this up since december 2008 to july 2009?

Posted by JONAJOSEPH on Jul 22 2009

DONT MIND ACCESS BANK , NA ONLY AP DEY OWN THEM ?, THEY SHOULD GO AND LOOK 4 THERE CREDITORS LIKE NESTLE PLC, DANGOTE PLC, ETC. BEFORE COMING TO AP. OK

Posted by tosca on Jul 22 2009

how much can EFCC do? Is Access bank herself nt owing other banks. Whats d hulaballo about AP bankruptcy? Let Access bank come out and tell the word the truth.

Posted by vincent on Jul 22 2009

bad belle people leave my GREAT DANGOTE from bp or ap access case

Posted by JBO on Jul 23 2009

The question here is weither AP has operated their loan account in line with the terms in the offer letter they accepted. If not, access is right in its decision to seek for justice. If there is any other angle to this. AP should come out and let us know

Posted by YSAD on Jul 23 2009

Given that this issue came to light on the strength of the rate used to convert its outstanding debt, I would expect that AP would pay what it believes it owes and then fight Access on the difference which it didn't pay. But to totally refuse to pay anything is unacceptable. AP has been involved in too many shady deals and acquisitions. They are only lucky new owners had not attempted to change their name, otherwise we'd be looking at another Zain or it Celtel, or Vmobile or Econet .

Posted by Gbenga Adams on Jul 23 2009

This story is obviously biased. Where was the feedback from AP? When was it a crime to borrow money for your business? All the billionaires home and abroad borrow money. Did access bank secure the loan they were giving out? Let's not forget that oil industry is a capital intensive industry and many of them did not anticipate the drop in oil price. In addition, Access bank has been known to use rough tactics in getting their money back, using the police or EFCC. This is a civil issue and not criminal. what authority do they have to publish what was already in court? knowing fully well it will affect the price of AP shares. Maybe they want to force the price down and actually take them into bankruptcy. I wonder why the stock exchange and SEC has not commented. This is definitely going to hurt those that have shares in AP. Access bank is at it again.

Posted by Ben Onajite on Jul 23 2009

Nawao! Wetin dey happen for this country. Access bank should be ashamed of their publication. Did they not assess the credit worthiness of AP? What i expected them to do is how to recover their money and not sueing AP For insolvency. Access bank should remember that they are playing with people's hard earned money.

Posted by Eugene Abbah, Indiana, USA on Jul 26 2009

@jide jimoh, LASU, is talking like a fake professor. If a source makes a claim, as in this case Access Bank, the journalistic principles of balance and fairness in reporting are not served merely by adding AP's voice to the story [helpful as that could be but assume AP refuses to talk.] The accuracy and truthfulness of the story plus the reliablity of the sources consulted make it a good story in itself. Is AP's position going to confirm the truthfulness or the accuracy of the story? or indeed the reliability of the source[s] making, arguing or advancing the claim? This was a breaking story the way I understand it, and helpful as AP's voice would have been, its absence is not a condition to fault the true and accurate claims canvassed in the story.

Posted by R. Jackson on Jul 27 2009

I await the next episode in this ensuing saga. I suspect we are in for a few surprises over the next few months, particularly in the the financial sector.

Posted by ayodeji adebayo on Jul 28 2009

stay tuned... more to come. This is just the begining



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