Justice C.A. Balogun of the Lagos State High Court sitting in Ikeja, Lagos, on Tuesday, November 1, 2022, adjourned till November 29, 2022 for ruling on the application filed by Abubakar Peter Ali, owner of Nadabo Energy Limited, seeking the trial Judge to recuse himself from continuing to sit on the alleged N1.4bn oil case on the basis of bias.

The Economic and Financial Crimes Commission, EFCC, is prosecuting Abubakar and his company on a 27-count charge for allegedly using forged documents to obtain the sum of N1,464,961,978.24 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."

They pleaded "not guilty" to the charges when they were arraigned on December 10, 2012.

At the sitting on May 18, 2022, the Executive Chairman of the EFCC, Abdulrasheed Bawa, testifying as the fifth prosecution witness, PW5, had continued with his cross-examination by E.O. Isiramen, which began on December 20, 2021.

During the May 18, 2022 proceedings, Bawa had told the court that the defendant had only one confirmed, genuine transaction with St Vanessa, which was about 5,000 MT.

According to him, in the course of the investigation, the EFCC contacted the owners of MT St Vanessa and the owners confirmed the position of the EFCC.

“The owners of St Vanessa refuted the entirety of the contents of exhibits B24, B33, B43 in which the defendant claimed that MT St Vanessa received about 14,000 MT of PMS and discharged 14,000 MT at Masters Energy.

"They refuted all of that, and said that their Vessel picked 6 million litres (about 5,000 MT) of PMS and discharged 6 million litres and that anything contrary to that is unknown to them.

"They informed us that about 6 million litres were imported and discharged, and anything contrary is unknown to them,” he had said.

The case was subsequently adjourned till July 6 and 7, 2022 for continuation of the cross-examination by the defence.

However, rather than continue with the cross-examination, the defence counsel, Isiramen, had brought a new twist to the trial, as he filed an application urging the trial Judge to recuse himself from continuing to sit on the matter on the allegation of “possible bias.”

At today’s sitting, Isiramen moved the the said application dated July 5, 2022.

The prosecuting counsel, S.K. Atteh, also informed the court of the prosecution's counter-affidavit dated September 30, 2022, and other processes filed before the court in reply to the application of the defence.

Moving the said application, Isiramen, who adumbrated on its contents, raised the issue of bias.

In his argument, he made references to several publications in some newspapers and some online publications, in which it was reported by a section of the media that the EFCC Chairman met with the Chief Judge of the Lagos State High Court, and that Justice Balogun, afterwards, was seen coming out from the CJ's office on the same day that the matter came up before him.

He said: “The PW5, who is the EFCC Chairman, irrespective of his position, is a witness in this matter.

“Immediately after being cross-examined, he walked straight into the office of the Chief Judge of this High Court.

“It gives an impression of suspicion that a witness who, after being dissatisfied by the manner of his cross-examination, walked straight to the office of the Chief Judge."

Atteh, while moving the counter-affidavit of the prosecution, in response to the arguments canvassed by the defence, argued that the defence "has not been able to provide any facts to prove its allegation."

"The allegation cannot be founded on mere conjectures.

“It is unfounded. We, therefore, urge the court to dismiss the application and continue with the trial, as it is mere delay tactics.”

The trial judge could not hold himself back from declaring in the open court that "I have no personal interest in this case, whatsoever."

The case was adjourned till November 29, 2022 "for ruling on the application just argued".

Media & Publicity

1 November, 2022