A Lagos High Court sitting in Ikeja has dismissed an application by two oil marketers seeking to quash the Economic and Financial Crimes Commission’s (EFCC) oil subsidy fraud charges against them.
The EFCC accused Aro Bamidele and Abiodun Bankole, and their firm, A.B.S Investment Company Limited, of fraudulently obtaining N1.5 billion from the Federal Government under the subsidy scheme.
The presiding judge, Justice Lateefat Okunnu, in a ruling on Wednesday, dismissed their preliminary objection by which they were challenging the competence of the charges and the power of the EFCC to file them at the state court.
Justice Okunnu said the application was lacking in merit and held that the charges were validly instituted by both the Attorney-General of the Federation and the EFCC.
She also dismissed the defendants’ argument that the Administration of Criminal Justice Law of Lagos State prohibits the AGF and EFCC from prosecuting offences created by state laws in the state courts.
Justice Okunnu said: “By the virtue of Section 211 of the Constitution and relevant provisions of the EFCC Establishment Act 2004, the Attorney General of the Federation and the EFCC can properly and validly institute charges with reference to laws enacted by the state House of Assembly in any court in the country.
“Provisions of the ACJL must not be construed to defeat the provisions of the Constitution.”
The judge said the EFCC, as a federal agency prosecuting cases at the state high courts, was not different from the police prosecuting offenders on laws created by the state at the magistrate’s courts.
The accused face 18 counts of subsidy fraud, forgery, altering of forged documents and conspiracy.
The anti-graft agency alleged that the defendants never supplied the 30 million litres of Premium Motor Spirit for which it received N1.3 billion from the government.
Counsel for the defendants, Anthony Idigbe, had also urged the court to quash the charges on the grounds that his clients were charged on a repealed law – Criminal Code Laws of Lagos State 2003
Justice Okunnu, in dismissing the argument, said it followed the principle of fair hearing to charge an accused on the basis of the law operational at the time of the commission of the alleged offence.
She fixed May 20 – 23 for trial.