Nchetachi Chukwuajah
A Federal High Court in Abuja has discharged and acquitted the chairman of Atlantic Energy Drilling Concepts Nigeria Limited, Jide Omokore, and his co-defendants for allegedly diverting about $1.6 billion.
Ikokore was arraigned by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge for diverting the said funds, which it claimed formed part of proceeds of the sale of petroleum products belonging to the Federal Government under the Strategic Alliance Agreement (SAA) entered with the Nigerian National Petroleum Corporation (NNPC) under the Goodluck Jonathan administration
Justice Nnamdi Dimgba, in a judgment on Tuesday, convicted a former Managing Director of the Nigerian Petroleum Development Company (NPDC), Victor Briggs and an ex-Group Executive, Exploration and Production of the Nigerian National Petroleum Corporation (NNPC), Abiye Membere, for official corruption.
The two, though discharged and acquitted on other charges against them, were convicted for accepting gifts of Mercedes Benz and Range Rover cars from Omokore.
Justice Dimgba ordered that Briggs and Membere be remanded in the custody of the EFCC pending their sentencing scheduled for February 8.
On all the 14 counts in the amended charge marked: FHC/ABJ/CR/121/2016, Justice Dimgba held that the prosecution failed to prove the offences charged beyond a reasonable doubt.
The judge rejected the allegation that Omokore and his companies hoodwinked the Federal Government through the NNPC to sign the SAA, under which they were allowed to lift crude oil and sell it.
He held that there was no evidence led by the prosecution to support its claim that Omokore and the two firms had the intention to defraud the Nigerian government by entering into the SAA.
The judge added that the prosecution also failed to prove that the first to third defendants (Omokore and his firms) induced NNPC to accede to the agreement and that the SAA was obtained under false pretence and with the help of other inducements.
Justice Dimgba, who noted that Omokore and his firms failed at a point in meeting their obligations under the SAA, held that “what parties had was a sweet honeymoon, which turned sour at a point…It is a purely commercial relationship that went bad.”
He also noted that owing to their failure, parties went through an arbitration proceeding, following which an award of $1.691billion was made against Omokore and his firms in favour of the Federal Government, NNPC, and NPDC.
The judge urged the Nigerian government to devote its effort toward recovery of the award got on March 5, 2019, rather than pursuing a criminal case against Omokore and his firms.
On counts four and five, which border on conspiracy, the judge held that the prosecution failed to prove that the defendants met at any time to conspire to defraud the Nigerian government through the SAA.
On counts six and seven, which deal with criminal conversation, Justice Dimgba held that having earlier found that the SAA was a valid agreement and that the first to third defendants (Omokore and his firms) did no wrong in the execution of the agreement, it would be wrong to hold that they criminally converted the proceeds of the crude oil legally allocated to them.
He added that it would be unreasonable to assume that the defendants would unlawfully convert the proceeds of the crude oil to which they were lawfully entitled under the SAA.
“There is no evidence that the crude oil sold was not allocated to the first to third defendants by the appropriate authorities,” the judge said.
On counts eight and nine bordering on the allegation that Briggs and Membere aided the commission of a crime, the judge held that the prosecution did not show that the negligence on the part of the two defendants to protect the interest of the Federal Government led to the commission of a crime or that the acceptance of the car gift was in aid of procurement fraud.
On counts 10 and 11, in which Briggs and Membere were accused of receiving gifts from Omokore, which were from proceeds of crime, Justice Dimgba held that the prosecution failed to prove the cars the defendants received as gifts were from proceeds of criminal activities.
The judge, however held that the prosecution’s evidence proved that Briggs and Membere accepted gifts as public officers from parties in contractual agreement with their employer (the Federal Government.
Justice Dimgba, who relied on the provisions of the Administration of Criminal Justice Act (ACJA), convicted the fourth and fifth defendants (Briggs and Membere) under Section 98 of the Criminal Code Act for official corruption.
He held that their acceptance of the gifts of Mercedes Benz and Range Rover cars from Omokore could not be justified under any law.
The judge held that the prosecution failed to prove its allegations under counts 12, 13 and 14 that the first to third defendants procured people to commit offences.
Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Limited, Victor Briggs and Abiye Membere were tried on a 14-count charge in a trial that began in 2016.
Although an ex-Manager, Planning and Commercial of the NNPC,
David Mbanefo was initially named in the charge, the prosecution later discontinued against him.
Count one read, “That you, Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concept Ltd, and Kolawole Akanni Aluko (now at large) between May and October 2013 within the jurisdiction of this honourable court, by false pretence and with intent to defraud, induced the Nigerian National Petroleum Corporation (NNPC) and the Federal Government of Nigeria to deliver to you 5,652,227 barrels of crude oil (Brass blend) amounting to the sum of $616,013,615.27 through the medium of contract, which delivery was induced by the false pretence to wit: that you had technical competence, professional skills and funds (both local and foreign) necessary to support NPDC in petroleum operation for the contract area and you thereby committed an offence contrary to section 1 (1) (b) of the Advance Fee Fraud and Other Fraud Related Offences Act Cap. A6, 2010, Laws of the Federation of Nigeria and punishment under section 1(3) of the same Act.”
The Count eight read, “That you Victor Biggs, while being the Managing Director of the Nigerian Petroleum Development Company (NPDC), Abiye Membere (while being the Group Executive, Exploration and Production of the Nigerian National Petroleum Corporation (NNPC) and Diezani Alison-Madueke (at large), while being the Minister of Petroleum Resources between 2013 and 2014 within the jurisdiction of this honourable court, did abet the commission of money laundering by Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concept Ltd, and Kolawole Akanni Aluko, and you thereby committed an offence contrary to section 18 (a) of the Money Laundering (Prohibition) Act 2011 (as amended and punishable under section 15 (3) of the same Act.”
