A Lagos State High Court in Ikeja has dismissed the preliminary objection raised by three oil marketers – Mahmud Tukur, Alex Ochonogor and Abdullahi Alao – against the N1.5bn fuel subsidy fraud charges filed against them.

Justice Lateef Lawal-Akapo, in a ruling on Wednesday, adjudged the oil marketers’ preliminary objection as lacking in merit and thus dismissed it.

The Economic and Financial Crimes Commission charged Tukur, Ochonogor and Alao with nine counts of conspiracy, obtaining money by false pretences and forgery.

The trio were accused of obtaining N1.5bn from the Federal Government’s Petroleum Support Fund, under the guise that they imported 80.3 million litres of Premium Motor Spirit, which the EFCC, however, claimed it found to be false.

They contended that the failure of the EFCC to obtain the fiat of the Attorney General of Lagos State before filing the charges had robbed the Lagos State High Court of the jurisdiction to entertain the case.

Besides, they claimed that since the subject matter of the case centred on fuel importation, the Lagos State High Court could not entertain the criminal charges against them.

The defence also argued that the proof of evidence furnished by the EFCC did not support the offences alleged against the accused persons.

They had urged the court to declare that the charge against them was an abuse of court processes.

But the EFCC prosecutor, Mr. Rotimi Jacobs (SAN), urged the court to dismiss the application, saying the objections raised by the accused had been laid to rest by the Court of Appeal.

Jacobs referred Justice Lawal-Akapo to the Appeal Court judgment of April 30, 2015 in the case in Walter Wagbatsoma Vs Federal Government, which held that state high courts had jurisdiction to entertain subsidy charges.

He further argued that the EFCC could initiate criminal proceedings against anybody without obtaining fiat from the attorney-general of the state.

In his ruling, Justice Lawal-Akapo agreed with Jacobs, saying he was bound by the decision of the Court of Appeal because there were similarities between both cases.

He further held that the EFCC did not need any fiat to initiate the prosecution and that the charge was not an abuse of court process.

“I find no merit in the consolidated application and they are accordingly dismissed,” Lawal-Akapo held.

The judge consequently adjourned the matter till April 11, 13, 18, 19 and 20 for trial.

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