N1.8b fuel subsidy fraud: Court throws out Tukur, Ochonogor's application to quash charge

FRANCIS IWUCHUKWU

Justice Lateef Lawal-Akapo of an Ikeja High Court, today  rejected an application instituted by two oil marketers, Mahmud Tukur and Alex Ochonogor, asking the court to quash the N1.8 billion fuel subsidy fraud charge made against them by the Economic and Financial Crimes Commission (EFCC).

Specifically, the judge in a ruling declared that the application was premature. Justice Lateef-Akapo declared that some of the issues raised by their counsel, Tayo Oyetibo (SAN), particularly the sufficiency of evidence in the charge against the defendants, could be raised after the prosecution closes its case.

According to the judge, "It is the law that the court cannot delve into substantive issues at the interlocutory stage. Section 260 (2) of the ACJL provides that an objection to the sufficiency of the proof of evidence shall not be raised until the closure of the prosecution's case.

"The provision is a mandatory requirement which renders the application premature."

The marketers and their company, Eterna Plc it would be recalled are standing trial alongside another marketer, Abdullahi Alao. The anti-graft agency had stated that the defendants obtained the fund from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.

In moving his application, Oyetibo had stressed that the proof of evidence did not support the offences alleged against them. The senior lawyer also maintained that the criminal charge against his clients was an abuse of court process and they should be discharged.

According to the SAN, "The charge before the court arose from a joint venture agreement between Eterna Plc, Axenergy Ltd., Sahara Energy Resources and Ontario Oil for the importation of fuel."

Oyetibo also explained that Section 10 of the Advance Fee Fraud Act did not empower the EFCC to charge the defendants to court for transactions carried out by Eterna Plc.

But in responding, lawyer to the anti-graft agency, Rotimi Jacobs (SAN), pointed out that Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.

The trial court adjourned the matter till September 15, 2014 for commencement of trial.