Three oil marketers, Mahmud Tukur, Alex Ochonogor and Abdullahi Alao yesterday failed 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, sitting in Ikeja, yesterday, dismissed the application by the defendants and their firms, Eterna Plc and Axe Energy Limited.
The defendants are facing a nine-count of conspiracy, obtaining money by false pretence, forgery and uttering preferred against them by the EFCC.
The agency alleged that they got money from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.
Their counsel, Olaniran Obele, Ebun Adegoruwa and Aderemi Oguntoye argued that the court lacked jurisdiction to hear the charge.
They said the proof of evidence did not support the offences alleged against the defendants, stressing that the charge against their clients was an abuse of court process and should be struck out.
The defence lawyers argued that the EFCC failed to obtain a 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 Federal Government revenue, hence the court had no jurisdiction to hear the charge.
But EFCC counsel Mr Rotimi Jacobs (SAN) urged the court to dismiss the application because the issues raised had been decided by the Court of Appeal, Lagos Division.
Jacobs said the appeal court on April 30, 2015, in Walter Wagbatsoma Vs FGN, conferred jurisdiction of fuel subsidy cases on state high courts.
He submitted that the EFCC could initiate criminal proceedings against anybody without obtaining fiat from the attorney-general of the state.
Ruling yesterday, Justice Lawal-Akapo held that he was bound by the decision of the Court of Appeal and emphasised that there was similarities between the cases.
The judge said the EFCC did not need fiat to prosecute the case, adding that the charge was not an abuse of court.
“In this result, I find no merit in the consolidated application and they are accordingly dismissed,” Lawal-Akapo said.
The judge adjourned the matter till April 11,13,18, 19 and 20 for trial.






