A Special Offences Court sitting in Ikeja, Lagos, has reserved ruling on No-Case-Submission in a multimillion dollar fraud allegation preferred by Police Special Fraud Unit, through a petition triggered by Nadabo Energy Limited, against two oil marketers Yusuf Yaya Kwande, Osahon Asemota, Trafigua Behee BV, Trafigura PTE and five others.
Others been charged alongside trafigura are: Mettle Energy and Gas Limited, Rembrandt Limited and Jill Engineering and Oil Services Limited.
The presiding judge, Justice Mojisola Dada gave the date after listening to the prosecution counsel, Mr Rotimi Jacob, SAN.
According to Mr. Rotimi Jacob, SAN, the prosecution can not respond to the no-case-submmission of defendants because counsel to seventh defendant failed to file his application within time.
He confirmed that counsels to all parties have filed their applications, but he could not reply to individual application as the practice is to consolidate their applications and reply to it through a prosecution application.
“My Lord, the first to third defendants filed their no -case- submission earlier. The fourth to sith defendants filed their own on 3 November, 2021.While we are preparing our reply, the seventh defendant filed on 3 December, 2021, and served on us on 7 December, 2021.
“I want to plea to the court that we need time to respond to them. We needed some time to respond to all these applications,” he said.
Calling on prosecution to reply to his application separately, learned counsel to the first and second defendant Bode Olanipekun (SAN), told the court that he filed his application on 13 September, 2021, stressing that it is ripe to be responded to by prosecution.
“We filed ours on 13 September, 2021, on the last adjournment date, the prosecution was asking for time to react to our motion which as at that time had been served on the prosecution for over a month. It was served on them on 25 October, 2021,” Olanipekun said.
Justice Mojisola Dada noted that since the seventh defendant just responded, the prosecution needs time to respond.
The marketers alongside the companies are facing three count criminal charge sheet number ID/7980c/2018, bordering on stealing, conspiracy and receiving stolen property.
According to the charge the defendant is alleged to have conspired to fraudulently stole 6.4 metric tonnes of AGO worth $8.4million.
Prosecution has called about 13 witnesses, and their testimony was premises on the fact that defendants while Asemota acted as agent of petitioner Nadabo Energy Limited deceived Nadabo to believe that supplied products inside the cargo was contaminated, as he theft the products.
The contamination position of the defendant was dismissed by prosecution, stressing that the cargo was not contaminated as been claimed by Rendbrant Limited, but a deceitful act put together to deceive Nadabo Energy Limited and Spring Bank.