A rights group, the Centre Against Injustice and Domestic Violence (CAIDOV), in collaboration with Advocate for Social Justice and Defence of Rule of Law, has raised alarm over the intent of the Attorney General of the Federation (AGF), Mr Lateef Fagbemi (SAN), to take over prosecution of a case involving a foreign oil company and five others accused of $8.4million fraud.
Trafigura Beheer BV Trafigura PTE Ltd is facing trial alongside two oil marketers, Osahon Asemota and Yusuf Kwande, as well as Mettle Energy and Gas, Renbrandt Ltd. and Jil Engineering and Oil Services Limited.
They have been facing a three-count charge of conspiracy, stealing and receiving stolen property proffered against them by the Police Special Fraud Unit (SFU) for six years.
In the suit held before Justice Mojisola Dada of an Ikeja Special Offences Court, the defendants were accused of stealing 6.4 metric tonnes of diesel oil worth $8.4 million belonging to Nadabo Energy Limited in October 2008.
During the six-year trial, the prosecution has called 17 witnesses to prove its allegations and had closed its case, while the defendants have also, so far, presented four witnesses.
According to CAIDOV, the trial took a puzzling turn when the Director of Public Prosecution of the Federation, Mr M.A. Abubakar, sent a letter dated February 29, 2024, announcing the takeover of the prosecution of the matter by the office of the Attorney-General of the Federation.
According to the letter, the takeover of the prosecution of the case is an exercise of the AGF’s powers under Section 174(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which provides for it to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.
CAIDOV, in its statement, revealed that according to their investigations on the matter, the AGF took over the prosecution of this case based on the complaints to his office in response to a letter dated November 17, 2023.
According to the group, the office of the AGF’s takeover of the prosecution of the criminal suit will lead to more delays in the matter, which has been in court for six years.
The group noted that the same Section 174(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which empowers the AGF to take over prosecution of matters, also provides that in exercising his powers under this section, the Attorney General of the Federation shall have regard to the public interest, the interest of justice, and the need to prevent abuse of legal process.
The group queried why other options, as provided by law, which would not cause further delays in the case were not explored before the aggrieved parties in the suit resorted to writing to the office of the AGF.
“It is our humble view that there are quite a number of options available for any of the parties before the court that have any complaint against the handling of such a matter by the judge.
“Such party(ies) can complain directly to the National Judicial Council (NJC), a body responsible for the discipline of judicial officers, or lodge a complaint with the Chief Judge of the State, who has the administrative power to look at such a complaint and reassign the matter to another judge, or ask the trial judge to continue if such a complaint, usually initiated via a petition, is found unmeritorious.
“However, in the instant case, fear is being expressed in some quarters that the matter may have been infected with a virus of delay,” the group said.
Describing the Honourable AGF, Lateef Fagbemi, as a quiet achiever, CAIDOV, through its convener, Gbenga Soloki, noted that he is a stickler for the rule of law and a notable combatant in the defence of justice.
The group made a plea to the Honourable AGF to ensure fairness and justice to all parties by allowing the trial court to decide the suit based on merit and evidence before it, calling on him to always look at the larger picture of his office as commanded by Section 174(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“We urge the Honourable Attorney-General to continue to work as he has started well on the restoration of public confidence in the system and etch his own name in gold anytime the history of administration of the criminal justice system of the country is being told.
“There is no doubt history beckons on the AGF, and this is the time to make a difference. No affinity to any institutions, persons, or group should stop him from making history at this period of time in our nation,” CaidOV added.
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