N1.4 Bn Subsidy Scam: Aninye, Others Challenge Court Jurisdiction

The trio of Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialised Services Limited who are currently being prosecuted before Justice Olasumbo Goodluck of the Federal Capital Territory High Court, Abuja by the Economic and Financial Crimes Commission over their alleged involvement in the petroleum subsidy scam has filed an application challenging the jurisdiction of the court. The accused persons who are facing an 18-count charge bordering on conspiracy to obtain money by false pretence from the Federal Government of Nigeria are alleged to have fraudulently obtained the sum of N1.4 billion through the Petroleum Support Fund.

At the resumed hearing of the matter today, counsel to the accused persons, Norrison I. Quakers, SAN, told the court that he had on Friday July 5, 2013 filed an application challenging the jurisdiction of the court although the application was not yet in the court record.

 Counsel to EFCC, Steve Odiase, admitted receiving the application late on Friday but was yet to respond to it. Odiase however told the court that he had filed an application for additional proof of evidence and that he has served the new counsel to the accused persons as their former counsel Olisa Agbakoba, SAN, was no longer in the matter.

Quakers told the court that he was withdrawing all applications earlier filed by Agbakoba including that for stay of proceedings.

Justice Goodluck granted leave to the prosecution to file the additional proof of evidence but instructed that it be made tidy for ease of reference during trial.

Although the prosecution counsel told the court that the matter was for trial today, the defence counsel objected to it and applied for an adjournment on the grounds that he needed time to study the case file.

Justice Goodluck adjourned the case to July 23, 2013 for hearing of the motion on notice.

It will be recalled that at the last sitting, the accused persons had sought to quash the matter through Adebola Sobowale who held brief for Olisa Agbakoba. Sobowale engaged the court with series of applications and motions, praying the court not to entertain the charge against the accused. 

Also, on the 30^th of April, 2013, the defence counsel filed a motion praying the court to decline the prosecution leave to prefer charge against the accused persons and to strike out the 18-count charge on the grounds that the charge were incompetent.  On the 13^th of May, 2013, the defendants filed yet another application praying the court for stay of proceedings and to quash the charge against them.

However, Justice Goodluck in her ruling dismissed the applications on the grounds that they were premature.