Justice
Abdul Kafarati of the Federal High Court Abuja has fixed June 25, 2013 for
ruling on the matter of fundamental human rights (enforcement) brought by Ifeanyi
Uba and his company, Capital Oil and Gas Limited against the Economic and
Financial Crimes Commission, the Inspector General of Police and the Attorney
General of the Federation.
Uba
had approached the court seeking to restrain the EFCC, the Nigeria Police and
the Attorney General of the Federation from investigating his alleged
involvement in the oil subsidy scam, claiming that the investigation by the EFCC relates to a matter in respect of which he had been
investigated and cleared by the Special Fraud Unit of the Nigeria Police Force
and a judgment of the Federal High Court.
At
the resumed sitting today 4th June, 2013, counsel to the applicant, Akinwumi
Babs filed two further affidavits in response to the written address by counsel
to EFCC, Rotimi Jacobs, SAN.
Jacobs
had argued and adopted his written address, in opposition to the motion on
notice dated 2nd May 2013, wherein he urged the court to determine
“whether the judgement of the Federal High Court in Suit no: FHC/CS/07/2013,
Patrick Ifeanyi Uba and One Other VS Inspector General of Police & Three
others delivered on 18th February 2013; the alleged exoneration of
the applicants by the House of Representatives Committee investigating fuel
subsidy fraud and the letter of 12th February 2013 by the Police
Special Fraud Unit purportedly clearing the applicants of criminal complicity,
conferred any immunity on the applicants from criminal investigation and/or
prosecution.
“Whether
there is any infraction of the applicant’s fundamental rights as enshrined in Section
35(1) (c) & 36(5) of the Constitution of the Federal Republic of Nigeria
1999 as amended, and Article 13 of African Charter on Human and People’s rights
as to entitle the applicants to the reliefs sought in this case”.
Jacobs
SAN further averred that “In the instant case, the 1st respondent
received three petitions alleging fraud in the payment of subsidy in the
Petroleum Support Fund to oil marketers. The 1st respondent
commenced investigations since January 2012 and gathered facts on the applicants.
On three occasions, the 1st applicant was invited to come and state
his own side of the story but on each of the occasions he bluntly refused to
honour the invitation”.
According
to Jacobs, “there is no way a mere invitation and opportunity given to the
applicant (Uba) on the 30th April, 2013 when he made his statement
can amount to an infraction of the presumption of innocence”.
Similarly,
counsel to the applicants argued and adopted his further affidavit in response to
the written address by the prosecution.
Justice
Kafarati then adjourned proceedings to June 25, 2013 for determination of the
matter.
Uba
is being investigated by the anti-graft agency for allegedly defrauding the
Nigerian Government by drawing subsidy for non-existent fuel imports under the
petroleum support fund.
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