…As Court Remands Alao in EFCC
Custody
The Economic and Financial Crimes Commission, EFCC, on Thursday July 26th, 2012
docked some of the 20 suspects billed for trial over the fuel subsidy scam
before Justices Habeeb Abiru and Adeniyi Onibganjo of the Lagos High Court.
While Mr. Abdulahi Alao and Axenergy Limited were docked before Justice Abiru
over a N2.6billion scam, seven others were separately arraigned before Justice
Onigbanjo.
Alao, the managing director of Axenergy
Limited was docked on a seven count charge bordering on conspiracy to obtain
money by false pretences contrary to Section 1(3) of the Advance Fee Fraud and
Other Fraud Related Offences Act, 2006. . The accuse , together with his
company, Axenergy Limited allegedly obtained the sum of N2,640, 141,
707.75 ( Two Billion, Six Hundred and Forty Million; One Hundred and Forty One
Thousand; Seven Hundred and Seven Naira, Seventy Five Kobo only) being payments
obtained from the Petroleum Support Fund for the purported importation of 33.3
million litres of Premium Motor Spirit.
He pleaded not guilty to all the charges prefered against him when they were
read to him. His counsel, Babajide Koku, SAN, informed the court that he had
filed an application for bail in respect of his client. He prayed the court to
consider the application. However, the lead prosecution counsel, Rotimi
Jacob, SAN, objected to the prayers of Koku saying that he would need more time
to respond to the application and to prepare his written address.
In his ruling, Justice Abiru declined the prayers of the defence counsel and
remanded the accused person in EFCC custody pending hearing of the bail
application. The case was adjourned till August 1st, 2012.
However Justice Onigbanjo admitted
the other seven accused persons that appeared before him in separate
arraignments to bail. They are Nasaman Oil Service, Mamman Nasir Ali and
Christian Taylor; and Mahmud Tukur, Ochonogor Alex, Abdulahi Alao and Eterna
Plc.
The first three accused persons;
Nasaman Oil Service, Mamman Nasir Ali and Christian Taylor were docked on a
three count charge that borders on conspiracy and obtaining N4.4 billion from
the federal government through Petroleum Support Fund by false pretense.
When the charge was read to the accused
persons, they pleaded not guilty, prompting their counsel, Joe Kyari Gadzama,
SAN to inform the court that he had filed a bail application for his clients
and that the offence was bailable. He said the court had the right to grant
bail to the accused persons and that they will make themselves available for
trial. He said the accused persons were presumed innocent until proven
otherwise.
But prosecution counsel, Jacobs, SAN vehemently opposed the bail application.
He urged the court to look at the evidence before it and exercise its
discretion by refusing bail to the accused persons.
Justice Onigbanjo however resolved the argument in favour of the accused and
granted bail to the accused persons in the sum of N20 million each and two
sureties in like sum. One of the sureties must own a landed property worth N100
million and the certificate deposited with the court.
The judge also ordered that one
of the sureties should be a level 16 officer either with the Lagos State
government or the federal government and should present evidence of tax payment
in the last three years. The accused persons are to deposit their international
passport with the EFCC while the registrar is to verify all sureties.
The same bail conditions were handed to the second group of four accused
persons. Mahmud Tukur, Ochonogor Alex, Abdulahi Alao and Eterna Plc were
arraigned on a nine count charge for offences that borders on obtaining money
through false pretence, forgery and uttering contrary to section 468 of the
Criminal code.
The quartet was alleged to have fraudulently obtained
N1.8billion from the federal government through the Petroleum Support Fund.
Wole Olanipekun, SAN, counsel to three of the accused persons said he had filed
bail application and served the prosecution. However, Jacobs, SAN did not argue
the application in view of the first ruling by the court. He said what was
paramount is the terms and condition for the bail.
The case was adjourned to November 13,
2012 for trial.
