AN Ikeja High Court has struck out an application filed by an oil marketer, Rowaye Jubril, seeking to stay execution of the judgement of the court compelling his company to refund N963.7 million oil subsidy money to the Federal Government.
In a ruling delivered yesterday, the court insisted that Jubril’s company, Brila Energy Limited, must pay restitution to tune of N963,796,199.85 to the government.
Justice Lateefa Okunnu, in a judgement delivered on March 16, convicted and jailed Rowaye Jubril (first defendant) 10 years in a N754 million subsidy fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
He was convicted alongside his company, Brila Energy Limited – the second defendant in the matter.
Jubril, through his counsel, Lawal Pedro (SAN), had in an application dated May 16, sought an order of the court for stay of execution of the monetary part of the judgement, pending determination of the appeal filed by the defendants/applicant.
He requested the court for an order of interlocutory injunction restraining the respondents from taking any step to enforce the judgement.
The applicant, in a 16-paragraph affidavit, said the notice of appeal filed in court contained arguable grounds of appeal and raises substantial questions of law challenging the judgment of the court and the sentence directing the second defendant to refund N963,796.85.
The EFCC, in its counter-affidavit filed through its counsel, Mr. Seidu Atteh, urged the court to refuse the application.
Atteh argued that the applicant had not placed any material before the court to warrant granting of the request for a stay of the judgement.
In her ruling, Justice Okunnu held that an order of a stay of execution of a judgement must be based on a valid appeal.
She said it was only on that basis that a judgment cannot be executed until disposal of an appeal.
She said that there was nothing before the court to show that the second defendant, Brila Energy Limited filed the notice of appeal, noting that the appeal was filed by Jubril, the first defendant.
She therefore upheld the submission of Atteh and struck out the appeal filed by the applicant, Rowaye Jubril.