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Tag: Oil marketer

  • Oil marketer loses in court

    Oil marketer loses in court

    •Application to quash fraud charges dismissed

    A  Lagos High Court, sitting in Ikeja, yesterday refused to quash subsidy fraud charges preferred against Abdullahi Alao, son of prominent Ibadan businessman Alhaji Abdullazeez Arisekola-Alao, by the Economic and Financial Crimes Commission (EFCC).

    The EFCC accused Alao of N1.1 billion fuel subsidy fraud.

    Justice Lateefat Okunnu dismissed Alao’s application for quashing of the charges for lack of merit.

    Alao was arraigned alongside two other oil marketers, Opeyemi Ajuyah and Olarenwaju Olalusi, and their companies, Majope Investment Limited and Axenergy Limited.

    The marketers and their companies are facing an eight-count charge bordering on conspiracy, obtaining money under false pretence, forgery, altering and use of false documents.

    In a motion dated July 23 and filed through their counsel, Mr. O Awonuga, Alao and his company, Axenergy Limited, urged the court to dismiss the charges for lack of jurisdiction, arguing that Counts 1 and 2 of the charge was based on the advanced fee fraud, which is an Act of the National Assembly.

    They said the Act gave the Attorney-General of the Federation (AGF) the right to file the charge in accordance with Section 174(1) of the Constitution and not EFCC.

    They argued that the EFCC erroneously relied on Sections 19 and 13 of the EFCC Act, which was an Act of the National Assembly, and therefore cannot prosecute on behalf of the Attorney-General.

    Justice Okunnu held that the EFCC is authorised by the constitution to prosecute criminal cases in any part of the country and dismissed the application for lack of merit.

    The case was adjourned till October 30 for trial.

     

  • Oil marketer loses bid to stop trial

    An oil marketer, Emmanuel Morah, with his company, yesterday lost an attempt to stop the Economic and Financial Crimes Commission (EFCC) from trying him over alleged N789.6million subsidy fraud.

    A Lagos High Court, Ikeja, presided over by Justice Lateefat Okunnu dismissed Morah’s application seeking to quash the alleged N789.6 million fuel subsidy fraud charge preferred against him and others by the EFCC.

    The judge said the oil marketer has a case to answer.

    Morah and his company, Rocky Energy Limited, had filed the application, dated March 13, through their counsel, Mr Eubena Ahmedu.

    They are facing an eight-count charge bordering on conspiracy, obtaining money by false pretences, forgery and uttering.

    Charged with Morah are: Adamu Maula, George Ogbonna and Downstream Energy Resources Limited.

    Justice Okunnu dismissed the oil marketer’s application for lack of merit, adding that the charge against the defendants was competent and properly filed.

    The judge also held that their claim that no prima facie case had been established against them in the prosecution’s evidence was not sufficient to quash the charges.

    Justice Okunnu held that the EFCC was right to charge them to court under the Criminal Code, Laws of Lagos State of Nigeria, 2003, which was in force when they allegedly committed the offences.

    “Section 260(2) of the Administration of Criminal Justice, Law of Lagos State 2011, provides that an objection to the sufficiency of the proof of evidence shall not be raised before the closure of the prosecution’s case,” she said.

    The judge agreed with the submission of the prosecution that the Federal Government was a juristic person and can, therefore, sue or be sued by others.

    “I can find no merit in this present application. The prayers therein are accordingly refused and the application stands dismissed,” the judge said.

    Justice Okunnu adjourned the matter till May 10 for trial.