At last, the trial of the trio of Mahmud Tukur, Abdullahi
Alao and Ochonoghor Alex and their companies Eternal Plc and Axenergy has
commenced, with a prosecution witness, Abdul-rasheed Bawa, an
investigator with the Economic and Financial Crimes Commission, EFCC, telling
Justice Hakeem Oshodi of the Lagos State High Court sitting in Ikeja, Lagos how
the defendants defrauded the Federal Government of the sum of N3,121,393,098.
The defendants had previously been arraigned before Justice Lawal
Akapo on December 10, 2015 for allegedly diverting the money obtained from the
Federal Government for the purpose of importing Premium Motor Spirit, PMS.
Counsels to the accused had subsequently filed a joint application
seeking to quash the charge preferred against their clients by the Commission.
The
defence counsel had argued that the State High Court lacked jurisdiction to
entertain the matter on the grounds that the allegations against them were oil
and gas related, which could only be heard by a Federal High Court.
The
accused, through their counsel, had also argued that the prosecution could not
establish a prima facie case against them.
In his ruling, Justice Oshodi had dismissed the application and
upheld the argument of the prosecution.
Justice
Oshodi also held that the prosecution had successfully established a prima
facie case against the accused persons and described the application as
“premature”.
At
the resumed hearing before Justice Oshodi on Friday, November 24, 2017,
the defence, again, argued that the prosecution did not have the fiat of the
Attorney General of the Federation, AGF, and Minister of Justice, Abubakar
Malami, SAN, to prosecute the case.
In
his response, the prosecution counsel, Rotimi Jacobs, SAN, however, submitted
that he did not have to show the defence if he had the fiat of the AGF to
prosecute them.
Jacobs
further submitted that he could only show his client, the EFCC and the court
the fiat rather than the defence counsel.
Justice
Oshodi upheld the argument of the prosecution counsel, thereby setting the
stage for the prosecution witness, Bawa, to give his evidence against the
accused.
The
accused, among others, claimed that they had imported and discharged PMS
sometime in September, 2011 at a tank farm in Lagos, First Deep Water Discovery
Limited, for which they were paid the sum of N626m subsidy.
Also, the accused was said to have received the sum of N595m from
the government after claiming to have imported and discharged PMS at the same
tank farm in Lagos sometime in October, 2011.
However, the witness, in his
testimony, told court how the accused had forged over 30 documents and submitted
same to the Petroleum Products Pricing Regulatory Agency, PPPRA, to
fraudulently obtain the subsidy for importation of PMS in 2011.
Led in evidence by the prosecution counsel, the witness said: “The
owner of the vessel, MT Deepwater EX MT Valle Di Castiglia, and the claimed
tank farm of discharge, First Deep Water Discovery Limited, denied the usage of
their vessel for the transaction and, also confirmed forgery of documents
submitted by Eternal to PPPRA.
“The EFCC had access to Lloyds List Intelligence and search
conducted for the movement of MT Valle Di Castiglia revealed that the vessel
was at the Republic of Turkey all through the period that Eternal claimed to
have taken PMS from it with MT Deepwater. So, how can a vessel that was in
Turkey give products to another vessel in offshore Cotonou?”
Giving further evidence on MT
Fulmar, Ex MT Emirates Star and MT Panther EX MT Emirates Star, the witness
said the modus operandi
employed by the defendants to defraud the government was alteration of bills of
lading dates resulting in higher costs of importation.
He said: “The claimed MT Emirates has a bill of lading dated 28
April, 2011 which gave Eternal a loading cost of about N151.
“However, investigation revealed that the actual mother vessel for
the transaction is MT GonHild Kirk, which had a bill of lading date of April 3,
2011, with landing cost of about N141.
“The government, acting on forged importation documents indicating
MT Emirates Star, paid Eternal about N3.3bn instead of N2.9bn. Thus Eternal was
overpaid about N300, 000,000.”
He added that search on LLyods Intelligence on Emirates Star
indicated that the vessel sailed out of Doven Strait, United Kingdom and
arrived New York, USA within the period that the Eternal documents claimed that
the vessel was discharging its products into MT Fuliman and MT Panthern.
The case was adjourned to February 26, 2018 for continuation of
trial.
No comments:
Post a Comment