The coast is now clear for the arraignment of
Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialized Services Limited as
Justice Olusumbo Goodluck of the Federal Capital Territory High Court, Jabi,
Abuja on Tuesday April 30, 2013 struck
out their application asking the court to decline granting the Economic and
Financial Crimes Commission leave to arraign them for fraud, forgery and conspiracy
to obtain the sum of N1.413,507,951.50 ( One Billion, Four Hundred
and Thirteen Million, Five Hundred and Seven Thousand, Nine Hundred and Fifty
One Naira and Fifty Kobo ) from the Federal Government of Nigeria by false
pretence as subsidy under the Petroleum Support Fund.
Justice Goodluck, in her ruling, affirmed that “at
this stage there is no requirement to consider facts before the court; what is
needed is to determine if a prima facie case against the accused persons is
established.”
“I am of the view that the proof of evidence
suggests elements of forgery and obtaining by false pretences and I therefore
overrule the objection of the accused persons and hereby grant leave to
prosecution to prefer charge against them”. Goodluck stated.
The accused persons are said to have “on or
about 3rd day of March, 2011 at Abuja within the Jurisdiction of the
High Court of the Federal Capital Territory, Abuja with intent to defraud,
conspired to obtain money under false pretence from the Federal Government of
Nigeria under the Petroleum Support Fund”.
The offence, according to the charge sheet, is
contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee
Fraud and Other Related Offences Act No 14 of 2006.
They
were to be arraigned on November 26, 2012 but this was scuttled as their
counsel, Olisa Agbakoba, SAN challenged the application of the prosecution
seeking the leave of the court to prefer charges against the accused persons.
He argued that the proof of evidence did not disclose any offence against the
suspects and urged the court to refuse the application.
But, prosecution counsel, Steve Odiase told the
court that the proof of evidence supports the 18-count information.
The case has been adjourned to May 30, 2013 for
arraignment and June 11 and 12, 2013 for trial.
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