Suspect accused of N1.4 billion subsidy fraud loses at Appeal Court

The Court of Appeal, Lagos Division, has struck out the appeal
filed by a suspect, Abubakar Peters, Managing Director, Nadabo
Energy Limited, who was charged with N1.4 billion
(N1,464,961,978.24) fraud for being incompetent.

Mr. Peters alongside his company, Nadabo Energy Limited, were
arraigned on December 10, 2012 before Justice L. Balogun of the
Lagos State High Court sitting in Ikeja, Lagos for offences
bordering on obtaining money by false pretences, forgery and
uttering forged documents to the tune of N1,464,961,978.24.

They were alleged to have obtained the money from the federal
government by falsely claiming that it represented the subsidy
accruing to them.

The defendants pleaded not guilty when the charge was read to
them, thereby setting the stage for their trial.

Since the trial commenced, the respondent has called four
witnesses who have so far testified in the case.

The fifth prosecution witness has been giving evidence since
June 3, 2015.

However, the appellant filed a motion on notice dated February
22, 2016, seeking the order of the court to recall the four
witnesses already discharged.

Also, the appellant urged the court to order the prosecution to
produce supplementary information in support of the charge,
including all documents made, received or obtained by the EFCC.

The appellant, in the motion on notice, further sought an order
directing the complainant to transfer the subject matter of the
case to the Attorney-General of the Federation.

The motion on notice was moved on May 24, 2016, but the trial
court adjourned ruling to June 8, 2016.

The court subsequently adjourned ruling on the motion on notice,
the last being December 13, 2016.

However, on December 6 and 9, 2016, the appellant filed and
served two notices of Appeal.

The appellant also on December 19, 2016 filed and served the
Record of Appeal.

However, the respondent urged the appellate court to strike out
the two notices of appeal, as they were not based on any ruling
delivered on December 5, 2016 by the trial court.

The respondent also argued that the appeal was filed in
anticipation of the ruling by the trial court.

The respondent also argued that the appellants had already
decided the motion for themselves by referring to the respondent as
contemnor, when the trial judge was yet to deliver his ruling on
their motion on notice dated February 22, 2016.

Consequently, the respondent urged the appellate court to order
that the case be transferred to another judge by the Chief Judge of
Lagos State so as to be given accelerated hearing by another judge,
as it is also one of the prayers of the appellant.

Both the appellant and the respondent adopted their respective
briefs of arguments on February 15, 2016.

In a unanimous decision delivered on Monday, the appellate court
in a ruling delivered by Justice J.S. Ikegh, upheld the contention
of the respondent that the appeal was incompetent and, therefore,
struck it out.

The Court of Appeal, Lagos Division, has struck out the appeal
filed by a suspect, Abubakar Peters, Managing Director, Nadabo
Energy Limited, who was charged with N1.4 billion
(N1,464,961,978.24) fraud for being incompetent.

Mr. Peters alongside his company, Nadabo Energy Limited, were
arraigned on December 10, 2012 before Justice L. Balogun of the
Lagos State High Court sitting in Ikeja, Lagos for offences
bordering on obtaining money by false pretences, forgery and
uttering forged documents to the tune of N1,464,961,978.24.

They were alleged to have obtained the money from the federal
government by falsely claiming that it represented the subsidy
accruing to them.

The defendants pleaded not guilty when the charge was read to
them, thereby setting the stage for their trial.

Since the trial commenced, the respondent has called four
witnesses who have so far testified in the case.

The fifth prosecution witness has been giving evidence since
June 3, 2015.

However, the appellant filed a motion on notice dated February
22, 2016, seeking the order of the court to recall the four
witnesses already discharged.

Also, the appellant urged the court to order the prosecution to
produce supplementary information in support of the charge,
including all documents made, received or obtained by the EFCC.

The appellant, in the motion on notice, further sought an order
directing the complainant to transfer the subject matter of the
case to the Attorney-General of the Federation.

The motion on notice was moved on May 24, 2016, but the trial
court adjourned ruling to June 8, 2016.

The court subsequently adjourned ruling on the motion on notice,
the last being December 13, 2016.

However, on December 6 and 9, 2016, the appellant filed and
served two notices of Appeal.

The appellant also on December 19, 2016 filed and served the
Record of Appeal.

However, the respondent urged the appellate court to strike out
the two notices of appeal, as they were not based on any ruling
delivered on December 5, 2016 by the trial court.

The respondent also argued that the appeal was filed in
anticipation of the ruling by the trial court.

The respondent also argued that the appellants had already
decided the motion for themselves by referring to the respondent as
contemnor, when the trial judge was yet to deliver his ruling on
their motion on notice dated February 22, 2016.

Consequently, the respondent urged the appellate court to order
that the case be transferred to another judge by the Chief Judge of
Lagos State so as to be given accelerated hearing by another judge,
as it is also one of the prayers of the appellant.

Both the appellant and the respondent adopted their respective
briefs of arguments on February 15, 2016.

In a unanimous decision delivered on Monday, the appellate court
in a ruling delivered by Justice J.S. Ikegh, upheld the contention
of the respondent that the appeal was incompetent and, therefore,
struck it out.