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Subsidy Claim Suit: Accused Persons Challenge Criminal Charge

The Federal High Court sitting in Lagos will tomorrow rule on an objection raised by two oil marketers to the criminal charge preferred against them … Continue reading Subsidy Claim Suit: Accused Persons Challenge Criminal Charge


The Federal High Court sitting in Lagos will tomorrow rule on an objection raised by two oil marketers to the criminal charge preferred against them by the Special Fraud Unit of the Nigerian Police.

The oil marketers; Chinyerem Anike Nweze and Ogundipe Olaniran are being tried over alleged fraudulent collection of N3 billion subsidy claim. Nweze is the Managing Director of Geacan Energy Limited, while Olaniran is the Managing Director of Petroleum Brokers Limited.

Oando Oil and Lister Oil were initially charged alongside Nweze, Olaniran and their companies, but following an order of court, both Oando and Lister were expunged from the charge.

When the matter came up on Wednesday before Justice Musa Kurya, counsel to the accused persons, Tochi Nwogwu and Ayo Olumofin raised an objection to the charge, on the ground that the Special Fraud Unit  (SFU) failed to comply with the orders of the court as to the amendment.

Nwogwu argued that it would not be in the interest of justice for the accused persons to be arraigned on a defective charge.

“Despite the fact that the court graned an oral application by the SFU for the amendment of the charge, the agency ought to have followed up on the order by filing an amended charge where the names of the real parties will be reflected.

“Our contention is that it will be highly prejudicial for our clients to be arraigned on a charge that bears the name of parties that have been struck out on the orders of court.

“Upon the order, it was incumbent on the SFU to file an amended charge, and having failed to do that, we urge the court to allow our clients to go and when the prosecution is ready to do the needful, then our clients will be willing to come back,” Nwogwu submitted.

SFU’s lawyer, Daniel Abdullahi simply replied that the court had summary jurisdiction over the matter, and that having granted the amendment, other consequences were natural.

Justice Kurya consequently fixed Thursday for ruling.

According to the seven-count charge signed by Effiong Asuquo of the SFU legal department, the accused persons were said to have conspired to forge various documents to fraudulently collect N3billion fuel subsidy claim from the federal government.

The accused persons were also alleged to have, between January and April 2011 committed the crime by falsely claiming that they had imported about 38 million litres of oil, an offence contrary to Section 8 (a) of the Advance Fee Fraud and Other Related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2004.

They were further accused of forging Consolidated Hallmark Insurance Plc, Marine Insurance Certificate, claiming that the Premium Motor Spirit (PMS) imported had been insured.