*Gives last warning, adjourns case for today
* Bawa continues cross-examination against Abubakar
The ongoing trial of Abubakar Ali Peters and his firm, Nadabo Energy Limited, over an alleged N1.46billion fuel subsidy fraud, before a Lagos High Court in Ikeja suffered setback on Monday, following the absence of Abubakar’s lawyer.
Taking exception to the absence of the lawyer, Justice Christian Balogun cautioned the Nadabo Energy boss against the continued absence of his lawyer.
The development came just as Executive Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa, was present in court for further cross-examination against Abubakar and his company, Nadabo Energy.
At the resumed hearing of the matter on Monday, lawyer to the defendant, Abbas Oyeyemi, told the court that the defence could not continue with the cross-examination of Bawa, who is testifying as the prosecution’s fifth witness (PW5)
Abubakar and his company are being prosecuted by the EFCC on a 27-count charge for allegedly using forged documents to obtain N1.46billion from the Federal Government as oil subsidy, after allegedly inflating the quantity of Premium Motor Spirit, PMS, purportedly imported and supplied by the company.
One of the counts reads: “Nadabo Energy Limited and Abubakar Ali Peters, on or about the 3rd day of April, 2012 at Lagos within the Lagos Judicial Division with intent to defraud, fraudulently obtained the sum of N978,401,732.09 (Nine Hundred and Seventy-eight Million Four Hundred and One Thousand Seven Hundred and Thirty-two Naira Nine Kobo) from the Federal Government of Nigeria by falsely claiming that the sum represented subsidy accrued to Nadabo Energy Limited under the Petroleum Support Fund for the importation of 19,488,992 litres of Premium Motor Spirit (PMS) which Nadabo Energy Limited purported to have purchased from Ashland SA Geneva Switzerland, and transported the 19,488,992 litres of PMS through MT American Express (Mother Vessel) and MT. St. Vanessa (Daughter Vessel) to Nigeria, whereas Nadabo Energy Limited only imported 6,505,140.04 litres of PMS to Nigeria through MT Evridiki (Mother Vessel) and MT St Vanessa (Daughter Vessel).”
Another count reads: “Nadabo Energy Limited and Abubakar Ali Peters, on or about the 25th day of October 2011 at Lagos within the Lagos Judicial Division with intent to defraud and in order to facilitate your obtaining money by false pretence from the Federal Government of Nigeria under the Petroleum Support Fund (PSF) forged a document titled: Certificate of Marine Insurance no. 0047851 and purported the Marine Insurance certificate to have been issued by Staco Insurance Plc to Nadabo Energy Limited.”
But when the charge was read to Abubakar, he pleaded “not guilty” to the offence.
At the last sitting on December 20, 2021, Bawa, who was led in evidence by the prosecuting EFCC’s lawyer, S.K. Atteh, had concluded his examination-in-chief.
Following the conclusion of his testimony, the court ordered the defence lawyer , E.O. Isiramen, to commence the cross-examination of Bawa which he did.
Justice Balogun later adjourned the matter till Monday, January 24, 2022 for further cross-examination.
But at the resumed hearing of the case on Monday , Isiramen was not in court as Abubakar was represented by Oyeyemi, who told the court that he was holding the brief of Mr Joseph Daudu (SAN).
Oyeyemi said, “We are not ready to proceed with the cross-examination as the defendant’s counsel is acting on the instance of the defendant and can’t continue with the cross-examination.”
Oyeyemi further hinged his inability to continue with the cross-examination on the argument that the defence was yet to have the Certified True Copy, CTC, of the court’s proceedings.
He said, “We have applied for the record of proceedings containing the testimony of the prosecution witness since 20th December 2021.
“However, we have been unable to procure the record.”
Responding, Atteh described the action of the defence as an attempt ” to just frustrate the trial”, adding that the witness had been testifying since June 3, 2015.
He added: “There is no single document that the prosecution has not frontloaded, and provided for the defence.
“Moreover, the defence counsel is supposed to have his own record.”
But Justice Balogun, while adjourning the matter till January 25 (today) for continuation of hearing, said, “it is noted that Isiramen had even commenced cross-examination on that day and he is fully aware of today’s date for continuation of cross-examination.
“Moreover, all documents tendered were already in the possession of the defendant.
“It is obvious that the defendant counsel has everything.
“However, this court shall grant the defence one last chance to continue the cross-examination of the witness who is the Chairman of the EFCC and had to travel to Lagos to continue to be cross-examined.
“The Registrars of this Court have already been directed to release to the defence counsel whatever they require.”
