The Economic and Financial
Crimes Commission, EFCC, on Friday May 31, arraigned the trio of Helyn Aninye,
Chizobam Ben-Okafor and Pon-Specialised Services Limited before Justice
Olasumbo Goodluck of the Federal Capital Territory High Court, Abuja on an 18-count charge of conspiracy to
obtain money by false pretence from the Federal Government of Nigeria under the
Petroleum Support Fund.
The duo alongside their
company were said to have conspired to obtain the sum of One Billion, Four
Hundred and Thirteen Million, Five Hundred and Seven Thousand, Nine Hundred and
Fifty One Naira and Fifty Kobo (N1, 413,507,951.50) from the Federal Government
of Nigeria by falsely claiming that the sum represented subsidy accruing to
Pon-Specialised Services Limited under the Petroleum Support Fund for the
importation of 15,000 MT of Premium Motor Spirit.
One of the counts read,
“That you Helyn Aninye “F”, Chizobam Ben-Okafor “F” and Pon-Specialised
Services Limited on or about the 3rd day of March, 2011 at Abuja
within the Jurisdiction of the High Court of the Federal Capital Territory,
Abuja with intent to defraud did obtained the sum of One Billion, Four Hundred
and Thirteen Million , Five Hundred and Seven Thousand, Nine Hundred and Fifty
One Naira and Fifty Kobo Only (N1,413,507,951.50) from the Federal Government
of Nigeria by falsely claiming that the sum represented subsidy accruing to Pon-Specialised
Services Limited under the Petroleum Support Fund for the importation of
15,000MT of Premium Motor Spirit (PMS) which Pon-Specialised Services Limited
claimed to have purchased from Vitol SA Bourgase Bulgaria and imported into
Nigeria through the MT Fulmer (Mother Vessel), MT Cape Bradley (1st
Daughter Vessel ), MT Aidin (2nd Daughter Vessel) and MT Dani 1(3rd
Daughter Vessel) which pretence you knew to be false and thereby committed an
offence punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud
Related Offences Act No. 14 of 2006.”
The accused persons pleaded
not guilty to the charge when it was read to them.
Counsel to the accused then
asked the court to grant the accused persons bail. He told the court that the
accused persons have been granted administrative bail by the EFCC and that they
would be available to face their trial.
Justice Goodluck granted the
accused persons bail in the sum of N5 million each and two sureties in like sum.
The sureties should be directors in a federal government ministry/parastatal or
in a company established to the satisfaction of the court with a verifiable
registered office within the Federal
Capital Territory.
The sureties must possess landed property and be resident within the
jurisdiction of the court. They are also to deposit their international
passport with the court registrar.
The arraignment of the
accused persons was aborted on several occasions as their counsel, Olisa
Agbakoba, a Senior Advocate of Nigeria, SAN through various applications sought
to frustrate court processes. In November 2012, when the Commission first
sought to arraign the accused persons, Olisa Agbakoba, a human right lawyer and
activist, told the court that there was no prima facie case against the accused
persons and so they could not be arraigned. He argued that the proof of
evidence failed to disclose any offence against the accused persons. “My
lord assuming there are offences to be disclosed, they have not in anyway been
linked to the applicants, and these links must have a prima facie element to the accused persons,” he told the court.
Adebola Sobowale who was also
held brief for Olisa Agbakoba, engaged the court with series of applications
and motions, praying the court not to entertain the charge against the accused.
On the 30th of
April, 2013, the defence counsel filed a motion praying the court to decline
the prosecution leave to preferred charge against the accused persons and to strike
out the 18 count charge on the grounds that the charge were incompetent.
Also, on the 13th of May, 2013, the defendants filed another
application praying the court to stay further proceedings on the matter and to
quash the charge against them.
However, Justice Goodluck in
her ruling stated that the applications were premature and ordered the accused
persons to take their plea.
The case has been adjourned
to July 8, 2013 for hearing.
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