N1.9bn subsidy fraud: You don't have a valid fiat to represent FG- Defendants tell prosecutor

The ongoing N1.9b alleged subsidy fraud charge brought against the Managing Director of Ontario Oil and Gas Ltd, Walter Wagbatsoma, Adaoha Ugo-Ngadi, Fakuade Babafemi Ebenezer, Ontario Oil & Gas Nigeria Limited and Chikaodi Mesu (now at large) took a new twist as a former President of theNigerian Bar Association, NBA, Chief Wole Olanipekun (SAN) told a Lagos High Court in Ikeja that the prosecutor, Mr Rotimi Jacob (SAN), did not have a valid fiat to represent the Federal Government in the case.

Olanipekun, counsel to Wagbatsoma, in yesterday's proceeding which was for submission of written address, challenged the authority of Jacob (Lawyer tothe Economic and Financial Crimes Commission, EFCC) to prosecute on behalf of the Federal Government.

The defence lawyer, Mr Edoka Onyeke, moved an application stating that Rotimi did not have a valid fiat to represent the Federal Government in the case.

“I urge Your Lordship to dismiss the charges filed against my client on the grounds that Mr Rotimi Jacob, being a private legal practitioner, failed to produce before the court a fiat by the Attorney General of the Federation or the State authorising him to prosecute the defendants, ”Onyeke said.

He argued that any private prosecutor prosecuting for and on behalf of the Attorney General of the Federation or of Lagos State must obtain the fiat duly issued and signed by the Attorney General.

According to him, “A fiat was not attached to the charges on May 8, 2013 when trial commenced, the entire proceedings before this court constitutes a gross abuse of court processes.”

In his response, Jacob argued that the motion of the defence is based on the false premise that the EFCC cannot initiate criminal proceedings without a fiat from the Attorney General of the Federation.

“The constitution also empowers other security agencies such as the EFCC and the police to initiate a trial,” he explained, adding that the case was initiated by the anti-graft agency who authorized him to prosecute the case.

Urging the court to dismiss the application filed by the defence, the prosecutor tried to tender a copy of his authorisation letter which the defence objected to.

The trial, Justice Lateefa Okunnu, ordered that Jacob should tender the document through an affidavit which should be served on other parties and adjourned the case to May 24 for mention.

In the N1.9b alleged subsidy fraud charge, EFCC claimed that defendants fraudulently uttered a forged document to wit: Shore Quantity Certificate allegedly issued by Integrated Oil & Gas Limited and Gentec Marine Services showing 19,681,731 litres at observed volume, purporting the same to be certificate of the actual Premium Motor Spirit delivered at Mt. Union Brave to Integrated Oil & Gas Limited's depot in Lagos.
Count 6 stated: “Walter Wagbatsoma, Adaoha Ugo-Ngadi, Fakuade Babafemi Ebenezer and Ontario Oil & Gas Nigeria Limited on January 19, 2011 within the jurisdiction of this Honourable Court, by false pretence and with intent to defraud, obtained from the Federal Government of Nigeria, the sum of N414,757,890.54 (Four Hundred and Fourteen Million, Seven Hundred and Fifty Seven Thousand, Eight Hundred and Ninety Naira, Fifty Four Kobo) purporting the same to be subsidy payable to Ontario Oil & Gas Nigeria Limited by the Federal Government, under the Petroleum Support Fund which was excess of the value of the actual product (10,146,594 litres) delivered by Mt. Madonna 1, on your behalf, as against 19,523,892 litres you falsely claimed to have discharged in Obat Petroleum & Oil Limited depot, Lagos.”