An Ikeja Special Offences Court has fixed Jan. 4 to rule on the no-case submission filed by an international oil company, Trafigura Beheer BV Ltd., and six other defendants over alleged $8.4million fraud.
The six other defendants are Trafigura PTE Ltd., Yusuf Kwande, Osahon Asemota, Mettle Energy and Gas Ltd., Renbrandt Ltd. and Jil Engineering and Oil service.
Phenomenal reports that Justice Mojisola Dada fixed the date on Thursday after hearing submissions from the defence and the Economic and Financial Crimes Commission (EFCC).
Addressing the court, the prosecuting counsel for EFCC, Mr Rotimi Jacobs (SAN), said that EFCC’s response to the no-case submission was delayed due to the late filing of the seventh defendant’s (Jil Engineering and Oil Services Ltd) application.
He confirmed that counsel to the other defendants has filed their applications, but he could not individually reply to each application.
Jacobs noted that the practice is to consolidate their applications and reply via a single application.
“My Lord, the first to third defendants filed their no-case submission earlier. The fourth to sixth defendants filed theirs on Nov. 3.
“While we are preparing our reply, the seventh defendant filed his application on Dec. 3 and served us on Dec. 7.
“I want to plead to the court that we need time to respond to the defence. We needed some time to respond to all these applications,” he said.
Responding, counsel to the first and second defendant (Trafigura Beheer BV and Trafigura PTE Ltd), Mr Bode Olanipekun (SAN), called on the prosecution to separately respond to his no-case submission.
He informed the court that he had filed his application on Sept. 13 and that it is “ripe” to be responded to by the prosecution.
Reacting, Dada noted that since the seventh defendant had just filed their application, the prosecution also needs time to respond.
Phenomenal reports that the defendants face a three-count charge of conspiracy, stealing and receiving stolen property proffered against them by the EFCC.
The anti-graft agency alleges that Kwande, Asemota, Trafigura PTE Ltd., Mettle Energy and Gas Ltd. and Renbrandt Ltd., committed the offences of stealing from Oct. 22, 2008, to Dec. 15, 2008.
The EFCC alleges that the defendants fraudulently converted 6.4 million metric tonnes of Automated Gas Oil (AGO) at the office of Trafigura Beheer BV located at 20A Sinaro Daranijo St., off Ligali Ayorinde St., Victoria Island, Lagos.
The alleged stolen AGO is worth $8.4 million and belongs to Nadabo Energy Ltd.
It added that Jil Engineering and Oil Services Ltd. fraudulently received the stolen AGO, which had been in legal custody of Spring Bank on Victoria Island.
The alleged offences contravened Sections 383(1), 427 and 516 of the Criminal Code, 2004.
Thirteen witnesses have testified on behalf of the prosecution against the defendants.
