The Economic and Financial Crimes Commission, EFCC, has urged a Lagos High Court sitting in Ikeja to quash an extraneous aplication brought before it in the ongoing trial of some oil marketers accused of fuel subsidy fraud that has got to eleventh hour, pointing out that its a tactics to forestall trial.
The trial which was slated for adoption of written address suffers set back as defence counsel, Mr. Edoka Onyeke, brought a fresh application on the ground that the prosecuting counsel, Mr. Rotimi Jacobs, SAN, did not have the fiat of Attorney General of the Federation to prosecute the matter.
Mr. Walter Wagbatsoma alongside Adaoha Ugo-Ngadi, Fakuade Ebenezer, and Ontario Oil and Gas Nigeria Limited is facing trial on a one billion and nine hundred thousand naira oil subsidy fraud for the purported importation of about forty million litres of petrol before the court.
The defendants were re-arraigned in February, 2013, on a nine count charge bordering on forgery, conspiracy, and obtaining by false pretences.
EFCC counsel, Mr. Rotimi Jacobs, SAN, told the court that the power to prosecute and employ the service of private legal representation is giving to EFCC by the constitution and the act that set up the anti graft agency.
Mr. Jacobs explained to the court that it was the head of legal department of the anti graft agency who deposed the charge sheet upon which the suspects were arraigned not him.
He also informed the court that he has a letter of instruction from EFCC, which empowered him to represents the agency, that the motion was based on the false premise that the EFCC cannot initiate criminal proceeding without the fiat of the AGF.
The defence counsel, Mr. Edoka Onyeke argued that since the prosecuting counsel did not opposed the fact that he does not have the fiat of the AGF, the court should endeavour to strike out the trial for misrepresentation.
Mr. Onyeke stressed that having not attached a fiat along with the charges since 2013 when trial commenced, the entire proceeding before the court constitute a gross abuse of the court process.
Attempt by Mr. Rotimi Jacobs to tender from the bar, a copy of his authorisation letter was objected to by the defendant's lawyer.
Meanwhile, the trial judge, Justice Okunnu advised the accused persons' lawyer to argue from point of law and site relevant authoritiesto support his submission.
While she equally asked the EFCC lawyer to file the EFCC's authorisation by means of an affidavit, and serve same on the defence counsel.
The matter has been adjourned till May 24 for mention.
The trial which was slated for adoption of written address suffers set back as defence counsel, Mr. Edoka Onyeke, brought a fresh application on the ground that the prosecuting counsel, Mr. Rotimi Jacobs, SAN, did not have the fiat of Attorney General of the Federation to prosecute the matter.
Mr. Walter Wagbatsoma alongside Adaoha Ugo-Ngadi, Fakuade Ebenezer, and Ontario Oil and Gas Nigeria Limited is facing trial on a one billion and nine hundred thousand naira oil subsidy fraud for the purported importation of about forty million litres of petrol before the court.
The defendants were re-arraigned in February, 2013, on a nine count charge bordering on forgery, conspiracy, and obtaining by false pretences.
EFCC counsel, Mr. Rotimi Jacobs, SAN, told the court that the power to prosecute and employ the service of private legal representation is giving to EFCC by the constitution and the act that set up the anti graft agency.
Mr. Jacobs explained to the court that it was the head of legal department of the anti graft agency who deposed the charge sheet upon which the suspects were arraigned not him.
He also informed the court that he has a letter of instruction from EFCC, which empowered him to represents the agency, that the motion was based on the false premise that the EFCC cannot initiate criminal proceeding without the fiat of the AGF.
The defence counsel, Mr. Edoka Onyeke argued that since the prosecuting counsel did not opposed the fact that he does not have the fiat of the AGF, the court should endeavour to strike out the trial for misrepresentation.
Mr. Onyeke stressed that having not attached a fiat along with the charges since 2013 when trial commenced, the entire proceeding before the court constitute a gross abuse of the court process.
Attempt by Mr. Rotimi Jacobs to tender from the bar, a copy of his authorisation letter was objected to by the defendant's lawyer.
Meanwhile, the trial judge, Justice Okunnu advised the accused persons' lawyer to argue from point of law and site relevant authoritiesto support his submission.
While she equally asked the EFCC lawyer to file the EFCC's authorisation by means of an affidavit, and serve same on the defence counsel.
The matter has been adjourned till May 24 for mention.
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