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Tag: Mahmud Tukur

  • 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.

     

     

  • Marketers urgecourt to quash charge

    Marketers urgecourt to quash charge

    Two oil marketers – Mahmud Tukur and Alex Ochonogor – have asked an Ikeja High Court to quash the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    They filed the request via a preliminary notice of objection.

    Charged alongside with them is Abdullahi Alao, the son of Ibadan-based business mogul, Aare Abdulazeez Arisekola-Alao. They are facing a nine-count charge of conspiracy, obtaining money by false pretences, forgery and use of false documents.

    Also to answer charges before the court is Tukur’s company, Eterna Plc.

    The EFCC alleged that the defendants obtained N1.8 billion from the Federal Government for purported importation of 80.3 million litres of Premium Motor Spirit (petrol).

    Moving the objection application, their counsel, Tayo Oyetibo (SAN), said the proof of evidence did not support the offences alleged against his clients.

    Oyetibo said the criminal charge preferred against the accused was an abuse of court process, which should be struck out in the interest of justice.

    EFCC counsel, Mr Rotimi Jacobs (SAN), said Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.

    He said: “A company, on its own, cannot commit an offence. It has to use human beings to do so.”

    Jacobs urged the court to dismiss the application for being premature and lacking in merit.

    Justice Lateef Lawal-Akapo adjourned the matter till June 27  for ruling.

     

  • N1.8b subsidy fraud: Two oil marketers ask court to quash charges

    N1.8b subsidy fraud: Two oil marketers ask court to quash charges

    Two oil marketers – Mahmud Tukur and Alex Ochonogor – have asked a Lagos High Court sitting in Ikeja to quash the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    They filed the request via a preliminary notice of objection before the court presided over by Justice Lateef Lawal-Akapo.

    Charged alongside the two oil marketers is Abdullahi Alao, the son of Ibadan-based business mogul, Aare Abdulazeez Arishekola-Alao, on a nine-count charge of conspiracy, obtaining money by false pretences, forgery and use of false documents.

    Also to answer charges before the court is Tukur’s company, Eterna Plc.

    The EFCC alleged that the defendants obtained N1.8 billion from the Federal Government for purported importation of 80.3 million litres of Premium Motor Spirit (petrol).

    Moving the application, the counsel to the defendants, Tayo Oyetibo (SAN), said the proof of evidence did not support the offences alleged against his clients.

    Oyetibo said the criminal charge preferred against them was an abuse of court process, which should be struck out in the interest of justice.

     

    EFCC counsel, Mr Rotimi Jacobs (SAN), said Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.

    He said: “A company, on its own, cannot commit an offence. It has to use human beings to do so.

    “The argument that the principal officers of the company are not liable is baseless. It is the evidence that will distinguish the role of each of the defendants when the trial starts.”

    Jacobs urged the court to dismiss the application for being premature and lacking in merit.

    Justice Lawal-Akapo adjourned the matter till June 27  for ruling.

     

  • Subsidy scam: Oil marketers move to quash charges

    Two oil marketers –  Mahmud Tukur and Alex Ochonogor, have asked  a Lagos High Court sitting in Ikeja to quash the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission.

    Their request is contained in a preliminary notice of objection filed before the court presided by Justice Lateef Lawal-Akapo.

    Charged alongside the two oil marketers is Abdullahi Alao, the son of Ibadan based business mogul, Alhaji Alao Arishekola on a nine-count charge of conspiracy, obtaining money by false pretences, forgery and use of false documents.

    Also to answer charges before the court is Tukur’s company – Eterna Plc.

    The EFCC had alleged that the defendants allegedly obtained N1.8 billion from the Federal Government for a purported importation of 80.3 million litres of Premium Motor Spirit.

    Counsel to the defendants, Tayo Oyetibo (SAN), while moving the application, said the proof of evidence did not support the offences alleged against his clients.

    Oyetibo said the criminal charge preferred against them was an abuse of court process which should be struck out in the interest of justice.

    In view of this, he submitted that the court should discharge and acquit the defendants of the charges brought against them by the commission.

    Oyetibo told the court that the charges against the defendants arose from a joint venture agreement between Eterna Plc, Axenergy Limited, Sahara Energy Resources and Ontario Oil for the importation of fuel into the country.

    Oyetibo said it was not proper for Tukur and Ochonogor, who are the Managing Director and Head of Financial Control of Eterna Plc to be charged for the alleged offences.

  • PDP crisis: Presidency, Tukur’s loyalists finger South-South governor

    PDP crisis: Presidency, Tukur’s loyalists finger South-South governor

    A pro-Jonathan Southsouth governor is in trouble with the presidency over the Tukur-must-go campaign rocking the party.

    Some forces in the presidency and loyalists of the Nationa Chairman of the PDP Mahmud Tukur have identified the governor as the brain behind the anti-Tukur’s campaign and are rooting for him to be sanctioned.

    The situation has sparked a cold war between the governor and one of his colleagues who is also die-hard loyalist of President Goodluck Jonathan.

    But it was learnt last night that some PDP governors and leaders were trying to build a consensus on retaining Tukur.

    It was gathered that the governor had been under watch for some time now to establish precisely the camp he belonged to in the crisis tearing the party into bits.

    It was learnt that some loyalists of the president and Tukur had stumbled on some documents on why a change must be effected in the party the authorship of which they traced to him.

    It was gathered that some forces in the presidency were shocked that the governor could work against the interest of the National Leader of the party, President Goodluck Jonathan.

    A top source said: “We thought the anti-Tukur’s project was dead with the defection of five governors to APC only to be faced with the antics of some PDP governors who are obviously acting a script to hijack the party for their presidential ambition.

    “These few PDP governors are behind the present anti-Tukur’s plot. And it is unfortunate that security reports have implicated a South-South governor as the brainchild.

    “This is why they make a mountain out of a mole hill of the forthcoming NEC meeting. These few governors however cannot succeed because it looks impracticable and strategically defective to change PDP leadership in what I may call an “election” year.

    Sources alleged a hidden agenda to cause confusion in the party, ease out Tukur and stop President Jonathan from securing a second term ticket.

    The situation in the party now is such that two South-South governors are not on talking terms over agitation for Tukur’s removal.

    One source said that while there are a few others supporting the Tukur-Must-Go campaign, they cannot go far and expressed surprise at the ‘overnight ambition’ for the presidency by some people. “These are the elements magnifying the crisis in the party for selfish reasons,” the source said.

    It was also gathered that the need to build consensus among PDP governors and leaders on Tukur’s retention partly informed the shift of the National Executive Committee meeting of the party from January 16.

    A source said: “We are already trying to build consensus among governors and party leaders on why Tukur must remain in office in the larger interest of the party’s success in 2015.

    Governors Seriake Dickson (Bayelsa), Isa Yuguda (Bauchi), Idris Wada (Kogi), and the Acting Governor of Taraba State, Garba Umar, were named as the arrow heads of the campaign to retain Tukur.

    Party leaders are hopeful of agreeing on some key issues such that the exit of Tukur will not be on the agenda.

    Another source said the retention of Tukur might be based on some concessions from the presidency and the party leadership.

    The source said: “For instance, if Tukur remains in office, he cannot be talking of transformation or rigid nomination process for 2015 poll. The PDP National Chairman has already started the concession process when he went to the National Assembly and offered automatic tickets to those performing very well and those intending to defect.

    “The concessions will be such that the party would be united and its electoral chances unhurt.”

    “NWC members must learn to put the interests of the party first by abiding by the provisions of the party’s constitution.”

  • N1.8b subsidy fraud: EFCC re-arraigns Tukur’s son

    N1.8b subsidy fraud: EFCC re-arraigns Tukur’s son

    The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned Mahmud Tukur, the son of the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, for alleged N1.8 billion fuel subsidy fraud.

    Tukur was arraigned afresh alongside Ochonogor Alex; Abdullahi Alao, the son of prominent businessman, Alhaji Abdullazeez Arikesola-Alao with Eterna Oil and Gas Plc before a new trial judge, Justice Lateef Lawal-Akapo, of an Ikeja High Court.

    The case file of the defendants was transferred from Justice Adeniyi Onigbanjo to Justice Lawal-Akapo after the former was moved to the Commercial Division of the High Court.

    The defendants are facing a nine-count charge of conspiracy, obtaining money by false pretence, forgery and use of false documents.

    EFCC prosecutor, Mr. Rotimi Jacobs, alleged that the accused, between January and April 2011 in Lagos, fraudulently obtained N1.8 billion from the Federal Government.

    He alleged that the defendants obtained the money from the Petroleum Support Fund for purported importation of 80.3 million litres of petrol.

    They were also alleged to have forged a bill of lading, dated April 28, 2011, with which they committed the fraud.

    Jacobs said their alleged offences contravened Sections 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

    According to him, the actions of the accused also contravened Sections 467 and 468 of the Criminal Code Laws of Lagos State, 2003.

    The defendants pleaded not guilty to the charges.

    Justice Lawal-Akapo asked them to continue to enjoy the bail earlier granted by the former trial judge.

    He adjourned the matter till February 24, 2014 for hearing.

  • Subsidy: Tukur’s son, two others challenge court’s jurisdiction

    Subsidy: Tukur’s son, two others challenge court’s jurisdiction

    Two oil marketers, Mahmud Tukur and Alex Ochonogor, alongside their company, Eterna Plc on Monday challenged the jurisdiction of a Lagos High Court, Ikeja, to hear the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Mahmud is the son of Alhaji Bamanga Tukur, the National Chairman of the Peoples Democratic Party (PDP).

    The marketers filed their application before the court presided over by Justice Adeniyi Onigbanjo.

    The application dated May 3,2013 was filed by their counsel, Chief Wole Olanipekun (SAN).

    The defendants were charged to court alongside Abdullahi Alao, son of prominent Ibadan based businessman, Alhaji Abdullazeez Arisekola-Alao.

    At the resumed hearing of the matter on Monday, counsel to the defendants, Chief Olanipekun informed the court that the application had been served on the EFCC counsel, Mr. Rotimi Jacobs (SAN)

    Olanipekun said the application was seeking for an order quashing or striking out the charge for want of jurisdiction.

    He said, “The criminal charge was not instituted in accordance with procedural due process.”

    “This charge is a matter relating to the revenue of the Federation on which only the Federal High Court has jurisdiction.

    “The substratum of the charge is within the admirality jurisdiction of the Federal High Court”, he said.

    Olanipekun told the court that his clients filed the application late because they were still discussing with the Federal Government on the charge.

    “As at now, we are still discussing. I say this from the Bar even if my learned friend, Jacobs, claims not to be aware,” he added.

    Jacobs however, told the court that he was not aware of the said discussion between his client (Federal Government) and the defendants.

    He urged the court to allow the parties take the applications orally but the judge declined his request.

    Onigbanjo therefore adjourned the matter till May 28 for argument of the applications.