The Nation Newspaper

Tag: Oluwaseun Ogunbambo

  • Court forces EFCC to close case against fleeing oil marketer, others

    Court forces EFCC to close case against fleeing oil marketer, others

    A Lagos High Court in Ikeja yesterday closed the case of the Economic and Financial Crimes Commission (EFCC) against an oil marketer, Oluwaseun Ogunbambo alleged to have fled the country.

    The court presided by Justice Adeniyi Onigbanjo  fixed July 14  for Mamman Ali and Christian Taylor  accused of  alleged N4.4 billion fuel subsidy fraud to open their defence.

    The  trial of the three oil marketers and their companies had been stalled over the last six months following reports that Ogunbambo had jumped bail and  fled the country.

    At the resumed hearing yesterday, counsel to the EFCC, Mr Seidu Atteh, informed the court that he had recently taken over the matter from his predecessor.

    Atteh said he was informed  that Ogunbambo has allegedly absconded.

    He said as a result the EFCC has not been able to execute the bench warrant issued against him.

    He appealed to the court for a short adjournment to enable the EFCC produce Ogunbambo or file an amended charge against the other defendants.

    But counsel to Ali, Mr Toyin Pinheiro (SAN), objected the request for the adjournment on the basis of Ogunbambo’s absence.

    Pinheiro said: ”This matter commenced since July 2012. The prosecution listed 15 witnesses in the proof of evidence and they have only called two witnesses so far.”

    Pinheiro argued that  the EFCC should have taken steps to amend  the charge so that the matter could continue since they were aware that Ogunbambo had absconded.

    “I think the court has an inherent power to close their case.

    “Section 36 of the Constitution talks about fair hearing which also connotes conclusion of the trial against an accused within a reasonable time.

    “My humble application is for the court to close the case of the prosecution and we are ready to open our defence,” Pinheiro added.

    Ruling on the matter, Justice Onigbanjo pointed out that the court had a duty to conduct its activities in a timely manner.

    Justice Onigbanjo said the EFCC could have amended the charge against the other defendants since the last adjournment in February following their inability to apprehend Ogunbambo.

    According to him, the court record shows that the EFCC has not shown enough seriousness to go on with the trial of the other defendants.

    Justice Onigbanjo said it would be wrong for the commission to hold other defendants to ransom as a result of the action of another defendant.

    Justice Onigbanjo counseled the EFCC to file an application to reopen the case against the other defendants before the next adjournment date if the commission is still interested in pursuing the matter.

    The judge said the court would be willing to also consider their application to amend the charge and strike out Ogunbambo’s name.

     

  • Court declines to vacate bench warrant against oil marketer

    Court declines to vacate bench warrant against oil marketer

    Justice Adeniyi Onigbanjo of a Lagos High Court in Ikeja declined yesterday to vacate a bench warrant issued against an oil marketer, Oluwaseun Ogunbambo.
    Justice Onigbanjo held that Ogunbambo’s application, in which he prayed the court to vacate the bench warrant against him, was misconceived and ought to be dismissed.
    The Economic and Financial Crimes Commission (EFCC) is prosecuting Ogunbambo alongside another oil marketer, Habila Theck and their company, Fargo Energy Limited, over alleged N979.6 million fuel subsidy fraud.
    Justice Onigbanjo, on February 10, issued a bench warrant against Ogunbambo for failing to appear before the court for the continuation of his trial.
    Ogunbambo’s counsel, Mr Raphael Oluyede, in the application, urged the court to stay execution of the bench warrant pending the hearing and determination of an appeal filed by the defence against the court’s order.
    Oluyede had asked the court to restrain the EFCC from arresting his client.
    But EFCC counsel, Mr Emmanuel Jackson, urged the court to dismiss the application of the defence.
    He described it as an abuse of court process.
    In his ruling, Justice Onigbanjo said there was no exceptional circumstance to could warrant the court vacating the bench warrant.
    He said: “This is a part-heard criminal proceeding in which trials have been adjourned several times because of the absence of the first defendant and to the detriment of the second defendant (Theck).”
    The judge said the warrant was to ensure that Ogunbambo was brought to court for speedy conclusion of the trial.
    Justice Onigbanjo dismissed the application of the defence and advised the EFCC to arrest Ogunbambo.
    At the last hearing, counsel to the EFCC, Mr Rotimi Oyedepo, informed the court that efforts were being made to apprehend Ogumbambo and bring him to court.
    “We will continue to search and hopefully we will get him before the next date of adjournment.
    “He is just like a fugitive because he is not staying in his house and is not on admission at any hospital, as alleged by the defence,” Oyedepo said.
    Justice Onigbanjo adjourned the matter till June 25 for continuation of the trial.

  • Subsidy scam: Oil marketer loses bid to quash charges

    An oil marketer, Oluwaseun Ogunbambo, has lost in his bid to quash the N4.4 million subsidy fraud charges preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Adeniyi Onigbanjo of a Lagos High Court sitting in Ikeja on Tuesday declined to strike out an application filed by Ogunbambo, seeking to quash the fuel subsidy fraud charges preferred against him and three others by the commission.

    The judge dismissed the application for lacking in merit.

    Those charged by the EFCC alongside Ogunbambo are – Mamman Ali, son of Dr. Ahmadu Ali, a former Chairman of the Peoples Democratic Party (PDP), Christian Taylor and their firm – Nassaman Oil Services Limited.

    Ogunbambo was however absent in court on Tuesday.

    In the application filed by his counsel, R.A Oluyede, the defendant had prayed the court to quash all the charges and information filed against him for lack of jurisdiction.

    The application brought pursuant to Sec 66(b) of the 1999 Constitution of the Federal Republic of Nigeria and supported by a 26 paragraphs affidavit deposed to by one Kunle Shote, also urged the court to discharge him.

    Responding to the application on point of law, EFCC counsel, Rotimi Oyedepo, asked the court to dismiss the application on the ground that it is premature at this stage when plea had been taken by the defendant and trial had commenced.

    Oyedepo said the issue of competency of the charge cannot be raise at the stage when the prosecution has not close its case and had only called three witnesses, adding that it cannot be said that the information filed against the defendant is an abuse of court process.

    Justice Onigbanjo in his short ruling dismissed the application for lacking in merit.

     

  • Subsidy scam: EFCC accuses oil marketer of stalling trial

    The Economic and Financial Crimes Commission (EFCC) on Wednesday accused an oil marketer, Oluwaseun Ogunbambo, of using delay tactics to stall the commencement of his trial.

    The EFCC made the allegation through a counsel, Mr. Rotimi Oyedepo, after Ogunbambo failed to appear before Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja.

    The News Agency of Nigerian (NAN) reports that Ogunbambo and another oil marketer, Habila Theck, are being prosecuted for an alleged N979.6 million fuel subsidy scam.

    They were arraigned alongside their firm — Fargo Energy Limited – on July 31, 2012.

    During Wednesday’s proceedings, Ogunbambo’s counsel, Mr. Mobolaji Akintunde, told the court that his client had sustained a spinal cord injury after falling from a bathtub.

    He said Ogunbambo was presently receiving treatment at the Nigerian Army Reference Hospital in Yaba, Lagos.

    He presented a medical report signed by one Retired Brig.-Gen. J.A. Aremu to back his claim and asked the court for an adjournment.

    Responding, Oyedepo urged the court to reject the document, arguing that it was a ploy by Ogunbambo to further stall the trial.

    He said, “My Lord, this document is intended to scuttle this trial.

    “The disposition of the first defendant (Ogunbambo) in this case is becoming a dangerous precedent.

    “They are indirectly seeking a stay of this proceeding.”

    Oyedepo said the medical report was not properly signed and did not disclose the date Ogunbambo was admitted at the hospital for treatment.

    Onigbanjo, however, directed the EFCC to verify the authenticity of the medical report and whether Ogunbambo was being treated at the facility.

    He adjourned the case to February 10 for further hearing.

     

  • Police urge court to dismiss suspect’s bid to stop prosecution

    Police urge court to dismiss suspect’s bid to stop prosecution

    The police Special Fraud Unit (SFU) yesterday urged the Federal High Court in Lagos to dismiss a suit by a suspected oil subsidy fraudster, Oluwaseun Ogunbambo, seeking to stop his arrest.

    The Economic and Financial Crimes Commission (EFCC) is also prosecuting Ogunbambo for fuel subsidy and bank fraud charges at the Lagos State High Court in Ikeja.

    The suspect is seeking an injunction to restrain the SFU from arresting him for a fresh N1.3 billion fuel subsidy fraud charge.

    Police counsel Dania Abdullai said the applicant was only “seeking all means to prevent the police from carrying out their statutory duties”.

    Ogunbambo, who sued Inspector-General of Police Mohammed Abubakar, urged the court to invalidate his being declared wanted by the police.

    The police, on November 28, last year, said Ogunbambo was wanted for alleged fuel subsidy fraud. But the applicant said there was no evidence linking him to the alleged crime.

    According to the police, the applicant is to face charges of fraudulent collection of about N1.3 billion from the Federal Government under the fuel subsidy scheme in December 2011.

    The charge is pending before Justice Okon Abang of the Federal High Court, Lagos.

    Justice Mohammed Yunusa fixed March 6 for ruling on Ogbunbambo’s suit.

  • Trial of two oil marketers stalled due to absence of defence counsels

    The trial of two oil marketers, Oluwaseun Ogunbambo and Habila Theck, over N979.6 million fuel subsidy fraud could not go on as scheduled  on Monday owing to the absence of their counsel from court.

    Ogunbambo and Theck are facing a six-count charge of conspiracy, obtaining money by false pretences, forgery and use of forged documents.

    They were arraigned alongside their company, Fargo Energy Limited by the Economic and Financial Crimes Commission (EFCC) before Justice Adeniyi Onigbanjo of a Lagos High Court,  Ikeja.

    At the resumed  trial of the defendants on Monday, the EFCC counsel, Mr Francis Usani, informed the court that the date was fixed for hearing of two applications filed by Ogunbambo.

    He told the court that counsel to the defendants, Messrs Olisa Agbakoba and Adebayo Adenipekun, both Senior Advocates of Nigeria (SANs), were not in court for the proceedings.

    Usani said no explanation was given for their absence, adding that he would have used that as a ground to ask the court to strike out the applications.

    Ogunbambo had, at the last hearing  filed two applications in which he  sought court order  to quash the charges
    brought against him  and others by the EFCC. The application was filed on his behalf by the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), who is now the lead defence team of Ogunbambo and other defendants.
    Agbokoba also raised three major constitutional and jurisdictional issues against the EFCC upon which he predicated the request for a court order to quash the charges preferred against his clients.

    The first issue touches on what is referred to as “Miranda rights” in the legal circle. Agbakoba had then argued that Miranda rights were not administered to the defendants by the EFCC before they were arraigned and as spelt out in the constitution. He explained that Miranda rights are secured rights of persons
    arrested or detained, to have legal representation immediately on arrest and before making any statement. The rights guarantee voluntariness of statements.
    These rights,  the former NBA boss argued, are contained in Section 35(2) of the Constitution and Section 3(2) & (3) of the Administration of Criminal Justice Law of Lagos State and the purpose of Miranda
    Rights is to prevent coercive and involuntary extraction of statements by law enforcement agents,  a practice that is widely acknowledged in Nigeria.

    Olisa Agbakoba, had also in the application challenged the competence of a federal agency, namely the EFCC, to prosecute federal offences in a state High Court and in particular, and whether the Lagos High Court
    has jurisdiction at all to try offences relating to the revenue of the federal government, that is, fuel subsidy.

    He further challenge the legislative and judicial competence relating to the trial of the defendants under the Advance Fee and other Fraud Related Offences Act.

    Usani however told the court that the EFCC had filed its counter-affidavits to the applications seeking to quash the charge against the defendants and the other asking for a vacation of the forfeiture order placed on Ogunbambo’s assets.

    The trial judge, Justice Onigbanjo has adjourned the matter till June 25, 2013 for hearing of the applications.

  • Subsidy scam: Ahmadu Ali’s son used forged documents – Witness

    Subsidy scam: Ahmadu Ali’s son used forged documents – Witness

    A prosecution witness, Mr. Chidi Onyedikwe, on Wednesday told an Ikeja High Court that some documents used by an oil marketer, Mamman Ali, to collect N4.4 billion subsidy fund were forged.

    Onyedikwe was testifying at the resumed trial of Mamman, who is being prosecuted by the Economic and Financial Crimes Commission (EFCC) over a subsidy scam.

    He was charged alongside Christian Taylor, a Sierra Leonean; Oluwaseun Ogunbambo, an oil marketer, and Nassaman Oil Services.

    Onyedikwe, the Lagos branch manager of Inspectorate Marine Services Nigeria Limited, had, on February 21, testified that the defendants used fraudulent documents to obtain the money.

    Under cross-examination by counsel to the defendants, Mr. Kolade Obafemi, and Mr. Adebayo Adenipekun, a Senior Advocate of Nigeria, the witness maintained that his company did not issue the documents.

    Onyedikwe listed the documents to include cargo transfer, certificate of quantity, certificate of quality and haulage, all bearing the logos, signatures and stamps of his company.

    He said: “As I said, we went through our operational records, our laboratory records and account records.

    “Those documents did not emanate from our company even though it was bearing our logos, stamps and signatures.”

    Onyedikwe said the haulage report showed that the defendants had imported the petroleum products and that his company had inspected the products.

    He said the company did not assign any of its inspectors to carry out the said transaction.

    The News Agency of Nigeria reports that the EFCC had in its charges, claimed that the defendants presented the documents to the Petroleum Products Pricing Regulatory Agency (PPPRA) to obtain the subsidy.

    The case, which is being heard by Justice Adeniyi Onigbanjo, was adjourned to May 28.