A Federal High Court sitting in Lagos has dismissed a “No-Case-Submission” application filed by three directors of an oil firm, Petro Union Oil and Gas Limited, who are standing trial over an alleged £2.6bn fraud.
In his decision on the application, Trial Judge Mohammed Liman said that the Federal Government had established a prima facie case against the corporation and its directors, necessitating their filing of a defense.
However, Justice Liman decided that Abayomi Kukoyi, the company’s financial consultant, had no case to answer because his participation in the sequence of events leading up to the alleged crime was in his official role.
The Economic and Financial Crimes Commission (EFCC) is prosecuting three directors of the company – Kingsley Okpala, Prince Chidi Okpalaeze, and Prince Emmanuel Okpalaeze – before the court on allegations of conspiracy, obtaining money by false pretences, an attempt to steal, and forgery.
The anti-graft agency had claimed that the defendants fraudulently procured a cheque from a foreign bank for £2.556 billion under the pretext that it was meant to construct three petrochemical refinery complexes in Nigeria.
They were also alleged to have, sometime in April 2007, forged a statement of account in the name of Goldmatic Limited, which was used to obtain the sum of £2,159,221,313.54 billion.
The EFCC had also maintained that the offences are contrary to and punishable under sections 1(2), 1(2)(a) of the Miscellaneous Offences Act, Law of the Federation of Nigeria, 1990.
The anti-graft agency also insisted that the offences are contrary to and punishable under sections 509, 467(2)(I), and 468 of the Criminal Code Act, Laws of the Federation of Nigeria, 2004.
At their arraignment, they all pleaded not guilty to the charge.
While challenging the No-Case-Submission application, the EFCC counsel, Senior Advocate of Nigeria, Rotimi Jacobs, maintained that the prosecution had, through its witnesses, established a prima facie case of fraud against the defendants.
The anti-graft agency’s lawyer argued that all investigations by Union Bank, Central Bank, Bankers’ Committee, and the EFCC confirmed that the defendants were engaged in clearly fraudulent activities.
“We have proved the ingredients of those offences beyond any reasonable doubt, and each defendant should be invited to present their defence to the charge if they have any,” he stated.
“The defendants knew the truth but are insisting that the Federal Government should pay them £2.1 billion. It is our common inheritance that they want to take away. This is a clear case of fraud, and no person with heaven in mind should pursue this case or assist anyone to do so.”
If the President approves the elevation of Justice Liman to the Court of Appeal, the criminal trial of Petro Union and its directors will be transferred to another judge of the Federal High Court for adjudication.
