Hon. Farouk Lawan
By Davidson Iriekpen
The Economic and Financial Crimes Commission (EFCC) has suspended the
further arraignment of oil-marketing and trading company (OM&T) and
their directors, THISDAY has learnt.
Sources in the presidency said the suspension of the arraignment is to
enable the law enforcement agency conduct detailed investigations into
the activities of the marketers, preparatory to preferring charges
against them that can withstand legal scrutiny.
The source said with the arraignment of 19 suspects for the N13 billion
fraud perpetrated in the management of the Petroleum Support Fund
(PSF), the EFCC wants to take its time before arraigning another batch
of oil marketers indicted by the various panels set up to investigate
the management of the fuel subsidy scheme.
It was also learnt Monday that the police have sent the case file of
the suspended Chairman, House of Representatives Ad hoc Committee on the
Monitoring of the Fuel Subsidy regime, Hon. Farouk Lawan, to the
Attorney-General of the Federation and Minister of Justice, Mr. Mohammed
Adoke, for his consideration, preparatory to Lawan’s arraignment.
The presidency source said the EFCC has been directed to ensure that
the outstanding oil marketers are properly investigated before seeking
fiat from Adoke for their prosecution.
The source said the government was trying to avoid a situation where
the prosecution team would have to withdraw charges before the court for
amendment.
“We don’t want to do a shoddy job. We do not want to file charges in a
hurry and begin to withdraw them. Definitely more prosecutions will
come. More people will be arraigned.
“What we are doing now is for the EFCC to thoroughly conduct
investigations. As soon as that is done, the AGF will give his fiat for
prosecution. What the government is determined to do is ensure that they
are prosecuted and the stolen money recovered,” the source said.
The EFCC had last month arraigned seven companies and 12 individuals,
including Nasaman Oil Services, Eternal Oil and Gas Limited, Ontario Oil
and Gas Plc, Nadabo Energy Limited, Pacific Silver Line Limited and
Axenergy Limited.
Others whose trial has taken off are Mamman Nasir Ali, Christian
Taylor, Mahmud Tukur, Ochonogor Alex, Walter Wagbatsoma, Adaoha
Ugo-Ngadi, Fakuade Babafemi Ebenezer, Ezekiel Olaleye Ejidele, Abubakar
Ali Peters, Jude Agube Abalaka, Abdullahi Alao and Oluwaseun Ogunbambo.
Two more directors and an OM&T were arraigned last week before a Lagos High Court in Ikeja, for the fuel subsidy fraud.
The oil marketers and the company arraigned before Justice Adeniyi
Onigbanjo were Ogunbambo, Habila Theck and Fargo Petroleum and Gas
Limited.
However, the EFCC on July 31 discontinued the criminal charges filed
against two directors and two oil-marketing and trading firms at the
Lagos High Court in Igbosere, Lagos.
The suspects, whose charges were withdrawn, are: Durosola Omogbenigun,
Peter Mba, Integrated Resources Limited and Pinnacle Oil and Gas
Limited.
EFCC counsel, Rotimi Oyedepo, in an application dated July 26, sought
the leave of the court to withdraw and discontinue the charges because
after it reviewed the case and the evidence available to it, it found
out that the defendants did not commit the offences for which they were
charged.
Oyedepo told the court that he had instructions of the AGF to withdraw the charges against the defendants.
Following the discontinuance of the charges, the trial judge, Justice Samuel Candide-Johnson, consequently struck out the suit.
When the charges were filed against the suspects on July 20, the EFCC
failed to appear at the court until July 31 when it sought to
discontinue the case.
On July 26, when the suspects were supposed to be arraigned, both the prosecution and the suspects were absent in court.
THISDAY gathered that it was to avoid a recurrence of the embarrassing
situation in which the EFCC discontinues a trial due to either
inconclusive investigations or badly prepared charges that could give
the defence team the loophole to stall or win the case that prompted the
Federal Government to suspend further arraignment of indicted oil
marketers.
On the planned arraignment of Lawan for allegedly collecting $500,000
from the Chairman, Zenon Petroleum & Gas Ltd, Mr. Femi Otedola, to
doctor the report of the House ad hoc committee, it was learnt that
Adoke was studying the case file and would take a decision this week on
whether the police, which investigated the allegation, have enough
evidence to sustain a trial in court.
Lawan is billed for arraignment along with the secretary of the ad hoc
committee, Mr. Boniface Emenalo, who reportedly collected $120,000 from
Otedola in the cash-for-clearance scandal that rocked the House.
“I can tell you authoritatively that the file is right there on the
table of the minister. He is still studying it and by tomorrow (today)
or next, we would decide on the next thing to do,” the source said.
Detectives who investigated the matter had finished their report last
week and submitted it to the police Legal Department for advice.
It was learnt that the police investigative team, headed by Ali Amodu,
the Commissioner of Police in charge of the Special Task Force, was able
to gather incriminating evidence which would be used to prosecute Lawan
and Emenalo in court.
A source told THISDAY that in its response, the Police Legal Department recommended the trial of the duo.
Source: Thisday Live
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