Court throws out N272.5m fraud charge against oil marketer

A Lagos State High Court sitting in
Ikeja, on Wednesday threw out a two-count charge of stealing and
fraud, instituted by the Economic and Financial Crimes Commission
(EFCC), against an Independent Oil Marketer, Mr. Anthony Adejugbe,
and his company, Tonique Oil Services Limited.

The court also acquitted and
discharged the oil marketer and his company of the two charges
levelled against them by the EFCC.

In dismissing the charge, the trial
judge, Justice Lateefat Okunnu held that the prosecution did not
bring up substantial evidence to prove its case against the
defendants.

It would be recalled that the EFCC had
on November 13, 2012, arraigned Adejugbe and his company before
Justice Lateefat Okunnu of the Lagos High Court, Ikeja via charge
sheet marked ID/198C/2012.

The commission had in the charge
alleged that the defendants, fraudulently obtained the sum of
N272,500 million, from a company, Watergate Petroleum and Gas
Limited, under false pretence of supplying  the company
five million litres of petroleum.

However, during the pendency of the
matter, EFCC called five witnesses and tendered some documents as
exhibits, while Adejugbe and Tonique Oil Services Limited equally
called five witnesses and also tendered several documents.

In particular, Adejugbe and his
company denied the charges levelled against them by the EFCC.

In dismissing the charge against
Adejugbe and his company, Tonique Oil Services Limited, Justice
Okunnu, said: “there is, therefore, reasonable doubt regarding the
case of prosecution that the payment in question was intended by
the defendants for use in paying off part of the second defendant’s
loan.

”In the event, and by reason of all
the foregoing, it is my findings that this is neither a case of
stealing, nor one of obtaining by false pretence”.

Reviewing the facts of the case as
presented by both parties before the court, the presiding judge
said the prosecution failed to bring strong evidence enough to show
that there was such known fact or even, a whiff of rumour to back
their case of alleged fraud against the defendants.

She said: “I had earlier explained
that the missing link necessary for the prosecution to slot in as
to prove that charge was for them to establish the requisite ‘men’s
rea’ on the part of the defendants.

”Given the inability of the
prosecution to prove the requisite standard, its assertion that the
money the defendants paid to Sterling Bank  Plc was for
the purpose of settling the second defendant’s liability to the
bank cannot be firmly established.”

Justice Okunnu further held that she
did not see or find anything that suggests, talk less of prove,
that the defendants intended to use the money as a pledge or some
other form of security.

”That is not the case before the
court. The case, rather, is that they intended to use it to pay off
a debt.”

“In the event, and by the reasons of
the foregoing, it is my finding that it is neither a case of
stealing nor one of obtaining by false pretence.

“The evidence adduced by the
prosecution in legal proof of the ‘mens rea’ for the offences
charged (the intention behind the actions of the defendants) was
not sufficient,  so  the little that exists
from  the prosecution came to be  eroded by
what the defendants have said, the prosecution, as a result, was
unable to sustain its case. And so, without further ado, I hereby
dismiss the case against both defendants.

“Each of them, therefore, stand
acquitted and discharged on each of the two-count charge,” Justice
Okunnu declared.

A Lagos State High Court sitting in
Ikeja, on Wednesday threw out a two-count charge of stealing and
fraud, instituted by the Economic and Financial Crimes Commission
(EFCC), against an Independent Oil Marketer, Mr. Anthony Adejugbe,
and his company, Tonique Oil Services Limited.

The court also acquitted and
discharged the oil marketer and his company of the two charges
levelled against them by the EFCC.

In dismissing the charge, the trial
judge, Justice Lateefat Okunnu held that the prosecution did not
bring up substantial evidence to prove its case against the
defendants.

It would be recalled that the EFCC had
on November 13, 2012, arraigned Adejugbe and his company before
Justice Lateefat Okunnu of the Lagos High Court, Ikeja via charge
sheet marked ID/198C/2012.

The commission had in the charge
alleged that the defendants, fraudulently obtained the sum of
N272,500 million, from a company, Watergate Petroleum and Gas
Limited, under false pretence of supplying  the company
five million litres of petroleum.

However, during the pendency of the
matter, EFCC called five witnesses and tendered some documents as
exhibits, while Adejugbe and Tonique Oil Services Limited equally
called five witnesses and also tendered several documents.

In particular, Adejugbe and his
company denied the charges levelled against them by the EFCC.

In dismissing the charge against
Adejugbe and his company, Tonique Oil Services Limited, Justice
Okunnu, said: “there is, therefore, reasonable doubt regarding the
case of prosecution that the payment in question was intended by
the defendants for use in paying off part of the second defendant’s
loan.

”In the event, and by reason of all
the foregoing, it is my findings that this is neither a case of
stealing, nor one of obtaining by false pretence”.

Reviewing the facts of the case as
presented by both parties before the court, the presiding judge
said the prosecution failed to bring strong evidence enough to show
that there was such known fact or even, a whiff of rumour to back
their case of alleged fraud against the defendants.

She said: “I had earlier explained
that the missing link necessary for the prosecution to slot in as
to prove that charge was for them to establish the requisite ‘men’s
rea’ on the part of the defendants.

”Given the inability of the
prosecution to prove the requisite standard, its assertion that the
money the defendants paid to Sterling Bank  Plc was for
the purpose of settling the second defendant’s liability to the
bank cannot be firmly established.”

Justice Okunnu further held that she
did not see or find anything that suggests, talk less of prove,
that the defendants intended to use the money as a pledge or some
other form of security.

”That is not the case before the
court. The case, rather, is that they intended to use it to pay off
a debt.”

“In the event, and by the reasons of
the foregoing, it is my finding that it is neither a case of
stealing nor one of obtaining by false pretence.

“The evidence adduced by the
prosecution in legal proof of the ‘mens rea’ for the offences
charged (the intention behind the actions of the defendants) was
not sufficient,  so  the little that exists
from  the prosecution came to be  eroded by
what the defendants have said, the prosecution, as a result, was
unable to sustain its case. And so, without further ado, I hereby
dismiss the case against both defendants.

“Each of them, therefore, stand
acquitted and discharged on each of the two-count charge,” Justice
Okunnu declared.