EFCC Press Release
An
FCT High Court presided over by Justice Olasumbo.O Goodluck today, June 4, 2014
ruled that it has jurisdiction to entertain the N1.4bn oil subsidy case
involving the trio Helen Aninye, Chizobam Ben-Okafor
and their company, Pon-Specialized Services Limited.
The
accused persons are being prosecuted by the Economic and Financial Crimes
Commission, EFCC on an eighteen count charge bordering on conspiracy,
obtaining by false pretence and forgery.
Aninye
and Ben-Okafor allegedly conspired and fraudulently obtained the sum of one
billion, four hundred and thirteen million, five hundred and seven thousand,
nine hundred and fifty one naira, fifty kobo (N1, 413,507,951.50) from the
Federal Government of Nigeria by falsely claiming that the sum represented
subsidy accruing to Pon-Specialised Services Limited under the Petroleum
Support Fund for the importation of 15,000 MT of Premium Motor Spirit.
One
of the counts reads:
“That
you Helyn Aninye “F”, Chizobam Ben-Okafor “F” and Pon-Specialised Services
Limited on or about the 3rd day of March, 2011 at Abuja within the
Jurisdiction of the High Court of the Federal Capital Territory, Abuja with
intent to defraud did obtained the sum of one billion, four hundred and
thirteen million, five hundred and seven thousand, nine hundred and fifty one
naira, fifty kobo only (N1,413,507,951.50) from the Federal Government of
Nigeria by falsely claiming that the sum represented subsidy accruing to
Pon-Specialised Services Limited under the Petroleum Support Fund for the
importation of 15,000MT of Premium Motor Spirit (PMS) which Pon-Specialised
Services Limited claimed to have purchased from Vitol SA Bourgase Bulgaria and
imported into Nigeria through the MT Fulmer (Mother Vessel), MT Cape Bradley (1st
Daughter Vessel), MT Aidin (2nd Daughter Vessel) and MT Dani 1 (3rd
Daughter Vessel) which pretence you knew to be false and thereby committed an
offence punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud
Related Offences Act No. 14 of 2006”.
The
suspects had on January 29, 2014 through their counsel, Solomon Edoho who held
brief for Nourisson Quaker, SAN, challenged the jurisdiction of the court to
sit on the matter claiming that it was a matter of admiralty, and that the
federal high court has exclusive jurisdiction on such matters. They prayed the
court to quash the charges against them.
Counsel
to EFCC, Steve Odiase however opposed the application on the ground that the
goods were already off the ship. “It is not a matter of admiralty as the
product is out of the vessel and the vessel is no longer in the sea”, Odiase
stated.
Ruling
on the application today, Justice Goodluck held that admiralty is not the
fundamental issue in the charge preferred against the accused persons. “The
central issue in the charge are offences of conspiracy, obtaining by false
pretence, forgery and so on, admiralty is merely incidental to the criminal
case before this court” she stated.
She
maintained that, “the issues for consideration on the 18-counts are for this
court to determine whether the applicants at the time accused, obtained the sum
of one billion, four hundred and thirteen million, five hundred and seven
thousand, nine hundred and fifty one naira and fifty kobo (N1,
413,507,951.50) belonging to the Federal Government. Also, whether the
accused falsely represented to the Federal Government that they purchased PMS…,
forged a document titled Bill of Lading 2011”.
He
therefore ruled that the court has jurisdiction to hear the matter and struck
out the application
The
case has been adjourned to October 7, 8 and 9, 2014 for trial.
Wilson Uwujaren
Head, Media & Publicity
4th June, 2014
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