A Lagos State High Court Ikeja on Friday dismissed an application filed by two oil marketers, Mahmud Tukur and Alex Ochonogor, praying the court to discharge them from a case of oil subsidy fraud.
Justice Lateef Lawal-Akapo dismissed the application for being premature.
The two oil marketers are being arraigned by the Economic and Financial Crimes Commission in relation to a N1.8bn fuel subsidy fraud.
According to the EFCC, the marketers along with their companies allegedly obtained N1.8bn from the Federal Government, under the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.
They had however filed an application seeking to quash the charge preferred against them.
Their lawyer,Mr. Tayo Oyetib (SAN), had argued that the proof of evidence did not support the offences levelled against his clients.
Oyetibo had described the criminal charge as an abuse of court processes and therefore prayed the course to dismiss the case and accordingly discharge his clients.
He explained that the charge arose from a joint venture agreement between Eterna Plc, Axenergy Ltd., Sahara Energy Resources and Ontario Oil for the importation of fuel.
He had further argued that Section 10 of the Advance Fee Fraud Act did not empower the EFCC to charge the defendants to court for transactions carried out by Eterna Plc.
However, Justice Lateef Lawal-Akapo dismissed the application for being premature.
Lawaln Akapo asked Oyetibo to wait till the prosecution closes its case before raising the issue of lack of sufficient evidence against the defendants.
He said,” It is the law that the court cannot delve into substantive issues at the interlocutory stage.
“Section 260 (2) of the ACJL provides that an objection to the sufficiency of the proof of evidence shall not be raised until the closure of the prosecution’s case.
“The provision is a mandatory requirement which renders the application premature.”
The matter was subsequently adjourned till Sept.15 for commencement of trial.
