Some civil society organisations led by the Centre Against Injustice and Domestic Violence (CAIDOV) and Advocate For Social Justice and Defence of Rule of Law, have called on the Attorney-General of the Federation, Prince Lateef Fagbemi, to allow a court of competent jurisdiction to decide the criminal trial of two foreign oil firms, Trafigura Beheer BV and Trafigura PTE Limited, allegedly involved in theft of $8.4 million of Automotive Gas Oil (AGO) belonging to Nadabo Energy Limited.
The group said in the alternative, Prince Fagbemi could explore an out-of-court settlement between the firms and the nominal complainant, Nadabo Energy Limited.
The convener of the group, Gbenga Soloki and Barrister Niyi Adekanla made the call in Lagos, noting that the matter had witnessed unwanted delay since the letter of the Director, Public Prosecution of the Federation (DPP), M. A. Abubakar.
Others facing criminal trials alongside the two foreign firms are Osahon Asemota, Yusuf Kwande, Mettle Energy and Gas, Rembrandt Ltd. and Jil Engineering and Oil Services Limited.
The suit, which was filed by the Police Special Fraud Unit (SFU) before Justice Mojisola Dada of a Lagos Special Offences and Domestic Violence Court sitting in Ikeja and had witnessed series of delays, is premised on a three-count charge bordering on conspiracy, stealing and receiving stolen property.
They were alleged to have stolen 6.4 metric tonnes of diesel oil worth $8.4 million belonging to Nadabo Energy Limited in October 2008 and the prosecution had during the trial, called 17 witnesses before they closed their case, while the defendants, so far, had presented four witnesses
The recent delay was premised on a letter dated February 29, 2024, signed by the Director of Public Prosecution of the Federation (DPP), M. A. Abubakar, which sought to take over the prosecution by the Office of the AGF.
According to CAIDOV, it was the letter of the Director of Public Prosecution of the Federation, M. A. Abubakar, that further put a clog in the smooth trial before the trial court and while it is aware of the constitutional power of AGF to take over any case as enumerated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the continued delay in the prosecution of the criminal trial is not in line with the administration of the criminal justice system in the country.
The group also said: “It is a known fact that the Attorney-General is in legal parlance regarded as ‘lord unto himself’ in the discharge of his constitutional powers. Pursuant to Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is also a performance of duty with inherent subjective expectations
“Thus, a decision of the Attorney-General of the Federal to take over the criminal prosecution of defendants validly arraigned in a court of competent jurisdiction for trial regarding commission of criminal offences in a criminal charge against them is undeniable, in sync with the constitutional powers of the Attorney-General of the Federation.
“It is also a call to duty to reflect all the subjective obligations and objective prohibitions as they pertain to the powers of the Attorney-General of the Federation. 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 added.
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