The 14 foreign nationals accused of illegal dealing in petroleum products have challenged the Federal High Court’s jurisdiction to try them.
The Economic and Financial Crimes Commission (EFCC) on June 10 arraigned them on a four-count charge of conspiracy, dealing in and storage of petroleum products without lawful authority.
The accused are three Russians, Arthur Pakhladzhian, Vasaliy Shkundich, Kretov Andrey, a Japanese, Sergio Abgarian and three Ukrainians,Vitalis Biluos, Laguta Olesksiy and Chepikov Oleksan.
Others are seven Britons, Hilarion Teofilo Regipor Jr, Cadavis Gerardo, Baduria Benjamin, Naranjo Allian Antero Jr, Patro Christian, Alcayde Joel and Carantiquit Micheal Bryan.
Three vessels namely -MT Anukt Emerald, Monjasa DMCC, and Glencore Energy UK Limited were charged along with them.
The commission said they committed the alleged offence on February 27 by storing 1,500 Metric Tons of Automated Gas Oil inside the MT Anuket Emerald’s Cargo tank.
They had also stored 3,035 Metric Tons of Low Pour Fuel Oil (LPFO) in other tanks.
The alleged offences contravene Sections 4, 17, 19(6) of the Miscellaneous Offences Act and the Petroleum Act, Laws of Federation.
The lawyer, Mr. Babajide Koku (SAN), on Wednesday said the court lacked jurisdiction because the defendants were not carrying out any illegal activities within Nigeria’s territorial waters.
He said the accused were carrying out their activities within the Exclusive Economic Zone (EEZ).
He contented they were charged under the Miscellaneous Offences Act, which has no effect within the EEZ where the accused were arrested.
“The Miscellaneous Offences Act which the accused were charged under doesn’t cover the jurisdiction in which they were arrested.
“These are foreign nationals, the Miscellaneous Offences Act cannot apply to them and does not apply within the EEZ because it is outside the sovereignty of Nigeria,” Koku said.