Friday, November 23, 2012
N1.3bn subsidy scam: Oil marketers challenge court’s jurisdiction
Two oil marketers alleged of N1.3 billion fuel subsidy theft, Aro Bamidele and Abiodun Bankole, on Thursday, challenged the jurisdiction of a Lagos State High Court sitting in Ikeja to adjudicate over the charge preferred against them by the Economic and Financial Crimes Commission (EFCC).
The marketers, in a preliminary notice of objection filed by their counsel, Chief Anthony Idigbe (SAN), stated that the court lacked jurisdiction to hear the charge.
The duo, alongside their company, A.B.S Investment Company Limited, are being prosecuted before Justice Lateefat Okunnu on allegations of fraudulently obtaining N1.3 billion from the Federal Government for the purported importation of 30 million litres of Premium Motor Spirits (PMS).
When the case came up for trial before the court on Thursday, Chief Idigbe, while arguing the application dated November 20, stated that the charges preferred against his clients were grossly defective.
Idigbe argued that the Federal Government lacked the locus standi to prosecute the offence contained in the charges preferred against the defendants before the state high court.
“The court does not have jurisdiction to entertain the charges. The entire charge is grossly defective and incurably bad, since no fiat was obtained from the Attorney-General of Lagos State,” he said.
He argued further that the prosecution counsel had no competence to prosecute the defendants before the court.
In his reply, the EFCC counsel, Mr Rotimi Jacobs (SAN), told the court that the prosecution was just served with the application and needed time to file its response.
Justice Okunnnu consequently adjourned the matter till December 21.
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