By Daily Mail
FORMER President Rupiah Banda’s son, Henry, received US$550,000 (about KR3 billion) for a Nigerian oil deal and the money was sent to a Barclays Bank account in Singapore, former High Commissioner to Malawi Richard Kachingwe told the Lusaka magistrates court yesterday.
Maj Kachingwe was testifying in a case in which Banda, 75, of house number 3 plot 2759 off Leopards Hill Road in Lusaka is charged with one count of abuse of authority of office.
The offence is contrary to section 99 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
Maj Kachingwe said Banda directed Henry to discuss with SARB Energy director Akpan Ekbene and a Brigadier General Silva where the proceeds of the oil deal would go.
He said when Banda was Vice-President, Mr Akpan came to Zambia with a proposal that since the oil from Nigeria could not be processed at Indeni Oil Refinery, Zambia could sell it anywhere and earn some money.
Maj Kachingwe said Mr Akpan explained that once the government-to-government oil deal was approved, SARB Energy and Zambia would share the proceeds from the deal.
He said he collected the letter of offer which was in the name of Zambia for the oil from the Nigerian National Petroleum Company for the supply of 20,000 barrels of oil although the contract was for 45,000 barrels and flew back to Zambia.
Maj Kachingwe said the two Nigerians, Mr Akpan and Gen Silva, came to Zambia in April 2011 to brief Banda on the oil deal and he (Kachingwe) picked them up from the airport and took them to State House.
“At Nkhwazi, the official residence of the President, there was Henry Banda, the former president and I. When the Nigerians finished their briefing, they asked where the proceeds of the oil would go and Banda asked the two Nigerians to discuss the matter with Henry,” he said.
Maj Kachingwe said this during examination-in-chief led by Director of Public Prosecutions Mutembo Nchito when the matter came up for continued trial before chief resident magistrate Joshua Banda.
He said the Nigerians left the living room and went to a separate room with Henry and he was not privy to what the trio discussed.
Maj Kachingwe said he expected Banda to call one of the government agencies to establish where the proceeds realised from the oil deal would be taken.
“I want to say this was the most difficult and sad moment for me. After working hard on this deal, I expected the president to ask one of the government agencies to receive instructions about where the money would go,” he said.
Maj Kachingwe said in the meeting at State House, the Nigerians told Banda that they were entitled to eight cargos of oil and Zambia was entitled to US$300,000 per cargo, making a total of US$2.4 million.
He said later, Banda informed him that SARB Energy had not remitted the money as per contract but when he contacted Mr Akpan, he was informed that the money had been sent to a Barclays Bank account in Singapore which Henry gave them.
Maj Kachingwe said according to the remittance advice sent to his e-mail, US$500,000 and US$50,000, respectively, were remitted from Access Bank in Nigeria to Barclays Bank in Singapore on two occasions.
Maj Kachingwe said the trip to Nigeria was paid for by Banda, who gave him KR30,000 (K30 million) cash to facilitate the delivery of a fresh letter to Nigerian President Goodluck Jonathan, requesting for 45,000 barrels of oil after the death of that country’s President Musa Yar’Adua.
He said the fresh letter requesting for oil was written and addressed to Mr Jonathan after Mr Akpan informed them that there was “a new window of opportunity” for Zambia to get the government-to-government oil deal.
He also said former Minister of Energy and Water Development Kenneth Konga delivered the letter requesting for 45,000 oil barrels to the Nigerian National Petroleum Company.
Maj Kachingwe said he accompanied Mr Konga to NNPC where he left the letter with Nigeria’s former Minister of State for Petroleum Henry Ajumogobia.
He said Mr Konga delivered the letter after Banda and Mr Yar’Adua met in Nigeria and mandated the ministers in charge of energy to deal with the matter.
Maj Kachingwe said Mr Konga also passed on the power of attorney and appointed SARB Energy to act on behalf of Zambia in the oil deal.
He said the officials from SARB Energy held a briefing at Government House when Banda was Vice-President.
The meeting was attended by former Vice-President George Kunda, Mr Konga and former Minister of Defence George Mpombo.
Maj Kachingwe said the meeting was also attended by former permanent secretary in the Office of the Vice-President Austin Sichinga and himself.
Particulars of the offence are that on dates unknown but between May 1, 2008 and September 24, 2011 in Lusaka, Banda, being a person employed in the public service, namely President of the republic of Zambia, did abuse the authority of his office.
He allegedly procured a US$2.5 million Nigerian government-to-government oil contract in the name of the republic of Zambia “which he in fact meant to benefit himself and his family.”
He is accused of instructing his son Henry Banda to determine the destination of the proceeds of this contract, an instruction from which the republic of Zambia did not receive any benefit.
Banda’s alleged act is “arbitrary and prejudicial to the interests of the republic of Zambia.”
Born Again Savaror
May 1, 2013 at 10:49 am
If MMD went thru in 2011, was Major Kachingwe going to resign citing corruption in MMD or was he going to keep quiet and continue advancing the stay of MMD in power. Iliko bad, what has changed today? We all know that govt has changed, so are some politicians.
Dim Wit
May 1, 2013 at 1:46 pm
Exactly!
Why now Mr Kachngwe?
Chase Maketula
May 1, 2013 at 10:59 am
HH has been supporting this nonsense. What type of a politician is he?
kachingwe
May 1, 2013 at 11:01 am
this man does not deserve to be called a major, he is useless and he thinks like a grade one pupil, i even doubt if he is educated.
Yambayamba
May 1, 2013 at 1:02 pm
@kachingwe, what do you mean “useless and grade one”? Do want the man to lie to cover RB’s thieving rear-end?
I hope you do understand that PERGURY is a very serious crime too. The man, whether useless or not, is only telling the facts as he knows them about this corrupt deal. Let the chips fall where they may, but after he was sworn-in at the start of his testimony, kachingwe (like any other wittiness who goes before the court) is obligated to tell the truth and nothing but the truth. Otherwise he can PERJUR himself and end up in “maningi” trouble. This is RB’s baby to take care of, NOT his former associates or anyone else. So we patiently wait is testimony!
Mpangula Mputyu
May 1, 2013 at 11:08 am
I was seriously made to believe RB stole the Money from our coffers..
So the original Money from Zambia to procure Govt., to Govt., oil was retained given back to Zambia.
what was syphoned was the profits?
Ok at least this is not the theft most of us thought. So we got back our money.
Yambayamba
May 1, 2013 at 1:10 pm
Man, what world do you live in? So to it is ok to syphon off profits from govt deals? Wow, no wonder African Presidents and their cohorts get so rich while their populations wallow in poverty—it is because of people with this kind of mentality! Try that nonsense in the private sector and see how well it works for you. God have mercy!!!!!
Ackson
May 1, 2013 at 11:35 am
It will be surprising to the Zambians if the evidence against the RBs and MMD new deal type of govt. comes out of Courts chambers free no case at last. Then let God the real Judge Judge the Judges immediately. RB and his children stole our money. Let them bring it back fast.
The mwamba
May 1, 2013 at 11:42 am
Abana bambwa aba bala kakwa kumo na chiwishi…with o ths evidence i wonder why fools like hh are protecting the man.. Hakainde is the mst ****** tonga man on planet earth..
The mwamba
May 1, 2013 at 11:46 am
But why is hakainde tryn to shiel rb en hs tandem of thievz frm prosecution..? HH is jst a wastd sperm!
ken
May 1, 2013 at 12:11 pm
WHEN TESTIMONY BY THE FIRST WITNESS (POLICE OFFICER) WAS HEARD, EVERYONE WAS SAYING RB WOULD BE AQUITED.I TOTALLY REFUSED AND ADVISED EVERYONE TO WAIT FOR MORE EVIDENCE TO COME OUT. WHAT ARE WE SAYING NOW WITH ALL THIS COMING OUT. AS FOR NOW THE WEIGHT OF PROBABLE CONVICTION IS VERY HIGH. LETS JUST WAIT AS MORE WITNESSES ARE CALLED. BESIDES WHY REFUSE TO HAVE THE IMMUNITY LIFTED IF THIS MAN WAS NOT INVOLVED. GO MUTEMBO GO HAVE HIM IN.
Chazyamantandi
May 1, 2013 at 12:30 pm
Nichimambala!
big fingerz
May 1, 2013 at 1:19 pm
politics of the belly
Democrat
May 1, 2013 at 1:38 pm
With that tangible evidence, im convinced beyond any reasonable doubt that RB and his children are in hot soup. After convicting the bandas, the ACC must follow the Major who is the key witness. Pa nigeria apa epo wapoka K30m just to deliver a letter? Thats total corruption.
Luapula Fish
May 1, 2013 at 4:06 pm
This looks to be a solid case….mwamoneni
Sir Jeff
May 1, 2013 at 4:12 pm
When kachingwe said easteners should never be trusted, i was like ; kachingwe eungalanda pama easterners? Now someone must examine the this man testifying, he makes no sense at all. I just hope he aint stranding himself. This man is completely dull. How he that rank one wonders! Muteembo implicate that moron. He’s an accomplice. Your excellency if u remember very well, that chap was mocking yo camp at the centre when the election results were delayed.He thot kapula was going to work. That man is satan himself
wati!
May 1, 2013 at 5:48 pm
we work hard they gai
MOD
May 1, 2013 at 7:21 pm
People should learn to be honest and faithful while working .Maj,whatever you are testifying happened sometime back why testifying today and not when it happened. We need to have people in gvt who can stand against corrupt practices regardless of what it takes.
MOD
May 1, 2013 at 7:23 pm
People should learn to be honest and faithful while working .Maj,whatever you are testifying happened sometime back why testifying today and not when it happened. We need to have people in gvt who can stand against corrupt practices as soon as it happens regardless of what it takes.
Elijah
May 1, 2013 at 7:48 pm
Never again must this sort of thing be allowed to happen in Zambia
The mwamba
May 1, 2013 at 7:50 pm
Bushe hakainde matole yakwe why is he bitter?
JSM
May 1, 2013 at 9:18 pm
We want our Money back no explanetion.
Kay
May 2, 2013 at 2:43 am
People are asking why HH is scared and bitter? HH got scared when PF started to inquire how privatisation was carried out under MMD because he was the one heading the privatisation team at that time and we ended up with RAMCOZ scandal in Luanshya.He is afraid they might find something in the way he handled the sell of some assets to foreign firms which just stripped the companies and left.
THE GENERAL HK
May 2, 2013 at 4:21 pm
THE EYES ARE NOW OPEN FOR ANYBODY TO SEE HOW CROOKED THE FORMER PRES. RB HAS ALWAYS BEEN, AFTER ALL THIS EVIDENCE COULD WE HONESTLY SAY RB IS BEING PERSECUTED? LET US GIVE CREDIT WHERE IT IS DUE, OTHERWISE HIS EXCELLENCY MICHAEL CHILUFYA SATA MEANS WELL FOR THIS COUNTRY AND NEEDS OUR SUPPORT AND AM SURE MORE EVIDENCE IS COMING AND SEE WHAT KA KOLWE KA HH IS GOING TO SAY!!