Exposed: Former Senate President, David Mark Illegally Operates Eight Secret Companies Abroad
Category: Nigerian National News
Nigeria’s immediate past Senate President, David Mark,
has links to at least eight offshore shell companies while holding
public office, in violation of a federal code of conduct law, a massive
leak of files belonging to Mossack Fonseca, a law firm in Panama, shows.
The files, seen by PREMIUM TIMES, show how Mossack Fonseca, reputed
as one of the most secretive companies in the world, helped clients
register offshore entities, some of which are then used to launder
money, evade tax and dodge sanctions.
They also provide details of the hidden financial dealings of 128
more politicians and public officials around the world, including in
Nigeria.
The trove of 11.5 million files shows how a global industry of law
firms and big banks sells financial secrecy to politicians, fraudsters
and drug traffickers as well as billionaires, celebrities and sports
stars.
The revelations are among the findings of a lengthy investigation by
the International Consortium of Investigative Journalists, German
newspaper Süddeutsche Zeitung and more than 100 other global news
organizations – including PREMIUM TIMES.
PREMIUM TIMES is the only Nigerian publication involved in the investigation, which lasted a year.
As a former senate president, Mr. Mark stands out among other notable Nigerians named in the files.
The 68-year old former military officer spent the last 40 years
covered by the investigation largely as public office holder. But he is
widely seen to be far richer than his legitimate incomes could have
provided.
He served as military governor of Nigeria’s north-central state of
Niger, minister of communications, and later as president of the
Nigerian Senate from 2007 to 2015.
Mr. Mark has been in the senate since 1999, and remains a senator of
the federal republic, representing Benue South Zone in the upper
legislative chamber.
Mr. Mark and his secret companies
The Mosseca Fonseca database show that Mr. Mark is one of Nigeria’s
most extensive users of offshore shell companies, even while being a
public official.
In documents, Mr. Mark was linked to eight active companies registered in the British Virgin Island.
They are Sikera Overseas S.A, Colsan Enterprises Limited, Goldwin
Transworld Limited, Hartland Estates Limited, Marlin Holdings Limited,
Medley Holdings Limited, Quetta Properties Limited, and Centenary
Holdings Limited.
In the documents, Mr. Mark was repeatedly marked as a politically
exposed person, and at a point the former Senate President had to send
documents, across to Mosseca Fonseca to prove that he was clean.
It remains unclear what businesses Mr. Mark is conducting with the companies.
While not all owners or operators of such offshore entities are
criminals, owning or maintaining interest in private companies while
serving as a public official is against Nigerian laws.
Section 6(b) of the Code of Conduct Act says a public office holder
shall not, “except where he is not employed on full‐time basis, engage
or participate in the management or running of any private business,
profession or trade”.
In a previous investigation by PREMIUM TIMES, Mr. Mark’s estranged
wife, Vikky Preye Mark, was also exposed as an operator of secret
offshore accounts.
Mrs. Mark operated an account with the Swiss branch of HSBC, but with details made largely secret.
Although she was known within the bank as the beneficial owner of the
account, she was largely identified with a secret code – 14312MP.
Mrs. Mark opened the account on December 18, 1989 and closed it on
July 12, 1991. About that time, her husband, then a top ranking army
officer, had served as military administrator of Niger State and federal
minister of communications, a period during which he is believed to
have made a fortune.
Court papers during a messy divorce with his wife suggested that some
of Mr. Mark’s children schooled in Switzerland, but it is not clear
whether it was during that period that Mrs. Mark operated the HSBC
account.
The court papers also showed that the Marks operated foreign accounts elsewhere.
About six million pounds in four accounts – three at the Northern
Bank, Isle of Man, and one at the Allied Irish Bank, Jersey – were
frozen in October 2000 as a result of the ancillary relief sought by
Victoria Mark in the couple’s divorce case.
Part 1, Section 7 of the Code of Conduct law provides that, “Any
public officer specified in the Second Schedule to this Act or any other
persons as the President may, from time to time, by order prescribe,
shall not maintain or operate a bank account in any country outside
Nigeria.”
If the Code of Conduct Bureau decides to slam charges on Mr. Mark
following the #PanamaPapers revelation, the politician may lose his
senatorial seat, a position he won back just on February 20 after his
initial election of March 28, 2015 was annulled by a tribunal. His
fiercest challenger had alleged irregularity.
Section 23 of the Code of Conduct law, which stipulates punishment for violators, say:
(1) Where the (Code of Conduct) Tribunal finds a public officer
guilty of contravening any of the provisions of this Act, it shall
impose upon that officer any of the punishments specified under
subsection (2) of this section.
(2) The punishment which the Tribunal may impose shall include any of the following-
(a) vacation of office or any elective or nominated office, as the case may be;
(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and
(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
The #PanamaPapers had on Monday exposed Mr. Mark’s colleague in the
Senate, Bukola Saraki, as failing to declare at least four assets
belonging to his wife, all tucked away in secret offshore territories,
as required by Nigerian laws.
But the President of the Senate denied any wrongdoing, saying he
“declared his assets properly in accordance with the relevant
legislation,” and that the charges against him “are both unfounded and
politically motivated.”
Mr. Mark wouldn’t comment
The former senate president did not
answer or returns calls made to him by PREMIUM TIMES reporters seeking
comments. He also did not respond to a text message.
His spokesperson, Paul Mumeh, initially said he would only comment if
given access to the database from which the story about his boss was
sourced. He later said Mr. Mark was out of Abuja, and was unreachable.
“I’m not sure about the accuracy of your claims,” Mr. Mumeh said. “I need to consult him (Mr. Mark) before commenting.”
Premium Times
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