Oil marketers lose bid to quash subsidy charge

Three oil marketers -Mahmud Tukur,
Alex Ochonogor and Abdullahi Alao – on
Wednesday lost in their bid to quash the
N1.5 billion fuel subsidy fraud charge
preferred against them by the Economic
and Financial Crimes Commission
(EFCC).
, Justice Lateef Lawal-Akapo of a Lagos
High Court, Ikeja, dismissed the
application filed by the defendants and
their firms – Eterna Plc and Axe Energy
Limited – for lack of merit.
The defendants are facing a nine-count
charge bordering on conspiracy,
obtaining money by false pretences and
forgery preferred against them by the
EFCC.
The agency had alleged that they
obtained the money from the
Petroleum Support Fund for a
purported importation of 80.3 million
litres of Premium Motor Spirit (PMS).
Their counsels – Messrs Olaniran Obele,
Ebun Adegoruwa and Aderemi
Oguntoye – however argued that the
court lacks the jurisdiction to hear the
case.
They maintained that the proof of
evidence did not support the offences
alleged against the defendants.
According to them, the criminal charge
against their clients was an abuse of
court process and should be struck out.
The defence lawyers further argued that
the EFCC failed to obtain a valid fiat
from the Attorney-General of Lagos
State to empower them to prosecute the
defendants before the state high court.
They said the issues in dispute related to
fuel importation and revenue of the
Federal Government hence the court
has no jurisdiction to entertain the
charges.
But EFCC counsel, Mr. Rotimi Jacobs
(SAN), in his response urged the court to
dismiss the application because the
issues raised had already being decided
by the Court of Appeal, Lagos Division.