Fuel Subsidy Fraud: Wagbatsoma Queries Competence of EFCC’s Lawyer

53 views0

Fuel Subsidy Fraud: Wagbatsoma Queries Competence of EFCC’s Lawyer

By Correspondent

An oil magnate, Walter Wagbatsoma has questioned the competence of the counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN) to prosecute the N1.9billion fuel subsidy fraud charge made against him alongside two others by the anti-graft agency. The oil marketer is being tried together with Adaoha Ugo-Ngadi, Fakuade Babafemi Ebenezer and Ontario Oil & Gas Nigeria Limited over alleged fraudulent claims from the fuel subsidy fund. The trial, which began in 2013 before a Lagos High Court, had almost reached a conclusion until last month when Chief Wole Olanipekun (SAN) filed a motion challenging the legality of the EFCC lawyer Rotimi to represent the Federal Government (FG). Moving the application, Edoka Onyeke insisted that Rotimi Jacob did not have a valid fiat to represent the FG in the matter. Onyeke prayed the court to dismiss the charges filed against his client on the ground that Rotimi Jacob, being a private legal practitioner, failed to produce before the court a fait by the Attorney General of the Federation (AGF) authorising him to prosecute the defendants. He argued that any private prosecutor prosecuting a charge for and on behalf of the AGF or of Lagos State must obtain the fiat of the AGF duly issued and signed by the AGF. According to Onyeka, “Having not attached a fiat along with the charges as at May 8, 2013, when the trial commenced, the entire proceeding before the court constitutes a gross abuse of the court process. Responding to the issue, Jacobs noted that the motion was based on the false premise that the EFCC cannot initiate criminal proceeding without the fiat of the AGF. He noted that the constitution also empowers other security agencies such as the EFCC and the police to initiate a trial. According to Jacobs, the instant case was initiated by the EFCC which subsequently authorised him to prosecute the matter. He prayed the court to dismiss the motion filed by the applicant. An attempt by Jacobs to tender from the bar, a copy of his authorisation letter was objected to by the defendant’s lawyer. Justice Okunnu, however, asked the EFCC Lawyer to bring in the document through an affidavit which should be served on other parties. The matter was adjourned until May 24.

Discover more from NewsBreakers

Subscribe to get the latest posts sent to your email.

What's your reaction?

Excited
0
Happy
0
In Love
0
Not Sure
0
Silly
0
Previous
Next

Comments are closed.