THE Nigeria Police, on Thursday, arraigned two oil marketers —Chinyerem Nweze and Olaniran Ogundipe, before Justice Musa Kurya of the Federal High Court sitting in Lagos, on allegations of N1.3 billion oil subsidy fraud.
Those charged alongside the marketers were their companies, Geacan Energy Limited and Petroleum Brokers Limited.
The defendants were arraigned on a six-count charge of alleged conspiracy and fraud, but they pleaded not guilty to the charges.
According to the charge, the oil marketers were alleged to have committed the alleged offence between January and April 2011.
The prosecutor informed the court that the suspects fraudulently obtained N1.32 billion from the Federal Government under the pretext of importing about 18,000 litres of Premium Motor Spirit (PMS).
The police stated further that the suspects allegedly forged a consolidated Hallmark Marine Insurance Certificate, which according to it, were used by the marketers to carry out the fraud, explaining that the duo never imported the said products.
According to the prosecutor, the offence contravenes the provision of Sections 1(1), 1(2), 3 (1), 8 (a), and 10 (1) of the Advance Fee Fraud and other Fraud Related Offences Act, Cap. A6 Laws of the Federation 2004.
The alleged offence was also said to contravene Section 467 of the Criminal Code, Laws of the Federation 2004.
The prosecution, led by Dania Abdullahi, asked the court for an order remanding the defendants in prison and an accelerated hearing into the matter.
However, in a swift reaction, the defendant’s counsel, Chief Anthony Idigbe, raised objection to the prosecution’s application for remand, as he called the attention of the court to a bail summon instituted on behalf of the defendants.
To buttress his point, Idigbe stated that ever since his clients were granted administrative bail on September 12, they have not failed to show up at the Special Fraud Unit (SFU) whenever they were invited.
“The accused were present in court as early as 7.00 a.m. for their arraignment and so, there was no likelihood that they would jump bail. My lord, the accused persons have always demonstrated good faith, by availing themselves for interrogations at the SFU, whenever required to do so.
“We have particularly exhibited documents showing the medical conditions of the accused and urge the court to consider in granting bail.
“The first accused is suffering from a severe spinal cord disorder, while the second accused has acute peptic ulcer, which both require proper medical attention.
“It will serve the interest of justice, if the accused are admitted to bail on liberal terms, since they have proven themselves to be honest people,” Idigbe added.
But on his part, counsel to the police, Abdullahi, brought to the attention of the court, a counter- affidavit instituted in opposition to the bail application.
He insisted that an application for the remand of an accused was a natural consequence, flowing from arraignment, even as he added that granting of bail was at the court’s discretion.
However, in his ruling, the judge granted the accused persons bail in the sum of N1.5 billion each, with one surety each in like sum.
The court also ordered that the sureties must be in the position of a permanent secretary in Lagos State and that the evidence of such must be exhibited before the court.
Justice Kurya ordered that the suspects should be remanded at the Ikoyi prisons within 24 hours, if they fail to meet the bail conditions and adjourned the matter till November 6 and 7 for trial.
