A High Court of the Federal Capital Territory, FCT, Abuja, has ordered the Economic and Financial Crimes Commission, EFCC, to return the sum of N124 million to an oil company that was wrongly accused of engaging in subsidy scam.
The court, in a judgement that was delivered by Justice S.C. Oriji, quashed 11-count charge the anti-graft agency preferred against the company and its Directors, Abiodun Ponnle and Adetoye Adegbite.
Justice Oriji held that the prosecution failed to establish the allegation that the defendants discharged 6,784.921 metric tons of Premium Motor Spirit, PMS, as opposed to the 14,208.908 metric tons over which subsidy was paid.
According to the court, evidence before it established that the volume of PMS that was discharged by Mr Ponnle and Mr Adegbite, through their company, Origin Oil & Gas Ltd, at the Lister Jetty Terminal, was 14,208.908 metric tons.
It will be recalled that the EFCC had moved against some oil marketers, including the defendants, for allegedly claiming and processing excess subsidy payment that was far more than what was legitimately due to them.
In a bid to recover the alleged excess subsidy payment, the EFCC entered a criminal charge marked CR/50/2016, against the defendants.
The charge was later amended on March 24, 2017, while the defendants pleaded not guilty before trial Justice Oriji on March 30, 2017.
Specifically, the charge against them bordered on criminal conspiracy, conspiracy to obtain money under false pretence and obtaining money under false pretence, contrary to Section 1(i) (a) and 1(3) of the Advance Fee Fraud and Other Related Offences Act, 2006, and Section 97 of the Penal Code Act; as well as the offence of forgery and using of forged document as genuine, contrary to Sections 364 and 366 of the Penal Code Act.
Determined to nail the defendants to the charge, the prosecution, which closed its case on February ,19, 2020, called a total of five witnesses that testified before the court.
On their part, the defendants, entered a no-case-submission, insisting that EFCC failed to adduce sufficient efficient capable of ensuring their conviction before any competent court.
They contended that the proof of evidence did not establish a prima-facie case against them.
However, the court, while dismissing the no-case-submission on November 10, 2020, ordered the defendants to open their defence.
Following the order of the court, the defendants called four witnesses that included the 1st defendant who testified as the DW3 and a forensic expert.
In his judgement on the matter, Justice Oriji, held that the prosecution failed to by way of a convincing evidence, prove the allegations it levelled against the defendants, beyond a reasonable doubt.
Consequently, the court discharged and acquitted the defendants of the 11-count charge against them.
It directed that the sum of N124 million recovered from the defendants during the course of investigation, be returned to them on/before December 31, 2022; the defendants, having not been found guilty of any of the offences contained in the amended charge.
EFCC Arraigns NNPP’s Kogi Assembly Candidate, Ismaila Atumeyi, Over Fraud
The Economic and Financial Crimes Commission, EFCC, has arraigned the Kogi State House of Assembly candidate of the New Nigeria Peoples Party, NNPP, for Ankpa 11 Constituency, Mr Ismaila Yousuf Atumeyi, before the Federal High Court, sitting in Lagos.
He was arraigned on 18 counts alongside two others in connection with an alleged N1.4 billion bank fraud.
The other two defendants are Ngene Joshua Dominic and Abdulmalik Salau, a former bank employee.
In count one, the EFCC alleged that the former bank employee, Abdulmalik Salau between August and Oct. 2022 within the jurisdiction of the court and without lawful authority directly caused modification of the data held in the network of Union Bank PLC leading to the transfer of N1.4 billion to the account of FAV Oil & Gas Ltd and thereby committed an offence contrary to and punishable under Section 16(1) of the Cybercrimes Prohibition Prevention Act of 2015.
In another count, the three defendants were said to have conspired to directly conceal the N1.4billion in the account of Fav Oil and Gas Limited, “which sum they reasonably ought to have known forms part of the proceeds of unlawful activity and they thereby committed an offence contrary to sections 18 (a), 15 (2) (a) of the Money Laundering Prohibition Act, 2011 as amended and punishable under section 15 (3) of the same Act.”
At their arraignment on Monday, the EFCC, through its counsel, Mr Rotimi Oyedepo (SAN), told the court presided over by Justice Tijjani Ringim that the offences border on concealment of proceeds of fraud, money laundering, and cybercrime.
Oyedepo also said that the defendants committed the alleged offences between August and October 2022 in Lagos.
Specifically, the defendants were accused of laundering the sum in tranches of N100 million, $480,000, N12.5 million, N7 million, N9 million, N7 million, N12 million, N8 million, $140,000 and N326,400,000.
They were also alleged to have acquired a N12.5 million black Mercedes Benz C300, N7m BMW 3 Series, N9million Black Range Rover, N7 million Toyota Hilux 2014 upgraded to 2021, N12 million Black BMW SURXI 2016 and N8 million White Toyota Hilux 2010 and N10million White Toyota Hilux.
The court also heard that they allegedly directly transferred N80million to Frank Maya Integrated Ventures, acquired a property known as N0 8, Grace Crescent, Efab Queens Estate, Gwarimpa, Abuja and concealed $140,000 and N326,400,000 in a Black Escalade SUV.
When the counts were read to the defendants, they each pleaded not guilty.
The EFCC Counsel asked the court to order an accelerated hearing of the case, as the anti-graft agency was ready to open its case against the defendants and had lined up six witnesses to testify against them.
The court also listened to the bail applications of the defendants from their counsel, Senior Advocate of Nigeria, Mr Bolaji Ayorinde and counterarguments from Mr Oyedepo.
Justice Ringim adjourned till tomorrow, Tuesday for a ruling on the bail application.
Source: Vanguard
