A former Nigerian Bar Association (NBA) President, Joseph Daudu (SAN), has urged the Lagos State High Court in Ikeja to reject an attempt by the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN), to discontinue a multi-million dollar criminal case against Trafigura Beheer BV and Trafigura PTE Limited.
The defendants are on trial for allegedly stealing $8.4 million worth of Automotive Gas Oil (AGO) from Nadabo Energy Limited, which they denied.
Daudu, the counsel for Nadabo Energy, the nominal complainant in the matter, urged Justice Mojisola Dada to set aside the notice of discontinuance on the ground that it was unconstitutional, the case having been brought under Lagos State law and not federal law.
Other defendants in the case are Yusuf Kwande, Mettle Energy and Gas, Rembrandt Limited, Osahon Asemota, and Jil Engineering and Oil Services Limited.
The Police Special Fraud Unit (SFU) accused the defendants of stealing Automotive Gas Oil (AGO) worth about $8,442,806.09 from Nadabo Energy Limited.
During the trial, the prosecution team, led by Rotimi Jacobs (SAN), called 17 witnesses, following which the court dismissed the defendants’ no-case submission and directed them to enter their defence.
Trafigura BV and Trafigura PTE Limited, through their counsel, petitioned the AGF to terminate the case, following which the judge discharged the defendants after the prosecution moved a notice of discontinuance.
But Daudu, in the motion on notice, asked the court to strike out or dismiss the notice of takeover issued by the AGF through the Office of the Director of Public Prosecution of the Federation for being ultra vires, null and void, same having violated Section 211 (1) of the 1999 Constitution.
He also prayed the court to set aside or strike out the notice of takeover issued on 29 February 2024, as being shrouded in incompetence and fundamental defect.
The first defendant had filed an application seeking to dismiss the case, arguing that they had already been tried in a similar case before Justice Sodeton Ogunsanya at the Lagos High Court in Ikeja.
Justice Dada held that the application lacked merit as there was no nexus between the two cases.
The judge ordered the continuation trial, but after calling three witnesses, Trafigura’s counsel approached the AGF to terminate the case.
