Human rights group, Centre Against Injustice and Domestic Violence (CAIDOV), in collaboration with Advocate for Social Justice and Defence of Rule of Law, has raised the alarm over alleged move by the Attorney General of the Federation (AGF), Lateef Fagbemi, to take over prosecution of the $8.4 million fraud case involving a foreign oil company and five others.
The firm, Trafigura Beheer BV Trafigura PTE Limited, is facing trial alongside two oil marketers, Osahon Asemota and Yusuf Kwande, as well as Mettle Energy and Gas, Renbrandt Ltd, and Jil Engineering and Oil Services Limited.
For six years, the defendants had faced a three-count charge of conspiracy, stealing, and receiving stolen property proffered against them by the Police Special Fraud Unit (SFU) before Justice Mojisola Dada of an Ikeja Special Offences Court.
The foreign oil company alongside four other co-defendants allegedly stole 6.4 metric tonnes of diesel oil worth $8.4million belonging to Nadabo Energy Limited in October 2008.
During the six-year-long trial, 17 witnesses had testified on behalf of the prosecution before the agency closed its case while the defendants, so far, presented four witnesses.
According to CAIDOV, the trial took a puzzling turn when the Director Public Prosecution of the Federation, M. A. Abubakar, in a letter dated February 29, announced the takeover of prosecution by the office of the AGF.
According to the letter, the takeover was in exercise of the AGF’s powers under Section 174(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The section gives the AGF power to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.
However, the convener of CAIDOV, Gbenga Soloki, and Niyi Adekanla while speaking with newsmen in Lagos, said their investigations revealed that the AGF took over the prosecution based on complaints to his office via a letter dated November 17, 2023.
According to the group, the planned takeover will lead to more delays in a matter which had already been in court for six years.
The group noted that the same Section 174(3) of Constitution of the 1999 Federal Republic of Nigeria (as amended) which empowers the AGF to take over prosecution of matters also provides:
“In exercising his powers under this section, the Attorney General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”
It queried why other options as provided by law which would not cause further delays were not explored before the aggrieved parties in the suit resorted to writing to the office of the AGF.
