Ubah, others lose bid to leave detention

JUSTICE Okon Abang of the Federal High Court, Lagos, yesterday rejected an ex-parte motion filed by the detained Managing Director of Capital Oil and Gas Limited, Patrick Ifeanyi Ubah and four of his workers. But a Lagos High Court sitting in Ikeja yesterday granted bail to a female oil marketer, Opeyemi Ajuyah, who was charged for alleged conspiracy in a N1.1 billion fuel subsidy fraud trial. The trial judge, Justice Lateefat Okunnu, admitted Ajuyah to bail with N75 million and two sureties in like sum. Besides, the Economic and Financial Crimes Commission (EFCC) yesterday arraigned a 30-year-old medical doctor-turned stockbroker, Ibukun Adebayo Adedayo, before a Lagos High Court, Ikeja, for allegedly stealing N41 million from a customer. In a motion filed by his counsel, Dr. Joseph Nwobike (SAN), prayed the court to release the embattled businessmen (Ubah and others) who have been in police detention since October 9 over their alleged involvement in fuel subsidy scam. In his ruling, the Judge said it would be better to hear the respondents (the police) before taking any decision on the matter. Using his powers as granted by Order 26 Rule 10 of the FHC Civil Procedure Rules, Justice Abang converted the ex-parte motion to motion on notice and directed that the respondents should be put on notice. He asked the respondents to quickly file their response and subsequently adjourn till today. The other three suspects who are equally in detention for their alleged involvement in the oil subsidy scam also filed a fundamental human rights application at the court yesterday. The application filed by their counsel, Bode Olanipekun of Wole Olanipekun (SAN) Chambers, is seeking an order for an unconditional release of the suspects since they have been detained beyond the lawful time-frame without being charged to court. The suspects are the Managing Director and Chief Executive Officer (CEO) of Matrix Energy Limited, Aliu Adisa Abdulkabir, Head of Finance and Accounts, Akinde Adewale and the firm’s Head of Operations and Logistics, Oyolola Yusuf. The matter was yet to be assigned as at the time of filing this report. The applicants are dissatisfied with the decision of Magistrate Martins Owumi of Tinubu Magistrate’s Court who ordered their detention till October 31. The court’s decision was sequel to the application for remand filed by the Commissioner of Police pursuant to Section 264 Administration of Criminal Justice Law 2011. Other members of staff of Capital Oil remanded with Ubah are the Head of Trading, Nsikan Usoro; Depot Manager, Godfrey Okorie; General Manager Operations, Chibuzo Ogbuokiri and the Executive Director Operations, Orji Joseph Anayo. The police said they were suspected to have committed the offences of economic sabotage, obtaining money by false pretences, money laundering and forgery as well as stealing of N43.291 billion property of the Federal Republic of Nigeria. According to the 11 grounds for the remand request endorsed by Effiong Asuquo, a Superintendent of Police (SP), the suspects obtained the money by falsely pretending that the company had imported and sold 538,74 million litres of Premium Motor Spirit (PMS) during the 2011 fiscal year through 26 transactions. The police also said that the fraud was discovered by the Presidential Committee on the Verification and Reconciliation of Fuel Subsidy Payments’ auditors and reported to their special fraud unit, Lagos, for investigation. “That the nature of the criminal act and the huge amount involved in the fraud constitutes the crime of economic sabotage and capable of undermining the security of Nigeria”, it said, adding that evidence and exhibits were being gathered in the continued investigation and that the suspects going by their enormous money power would influence or prevent the gathering of evidence if released from custody at this stage of investigation. The police further stated that there was a high risk of the suspects escaping from the country if not remanded and urged the court to grant them one month within which to conclude investigation. The police request was supported with a 13-paragraph affidavit deposed to by Francis A. Idu, a Chief Superintendent of Police (CSP). Adedayo who was arraigned on a 24-count charge of stealing and forgery before Justice Habeeb Abiru , however, pleaded not guilty to the charge after it was read to her by the court registrar. According to the charge, Adedayo, who worked in the company from 2004 to 2010 committed the said offence on or about June 13, 2008 whilst she was Head of Structured Financial Group of Ventures and Trust Ltd, a stock-broking firm, by converting the said amount, belonging to one Mrs. Olajumoke Obafemi in her account with Ventures and Trust Limited. She was also charged with intent to defraud through forged e-mail instruction of Mrs. Olajumoke Obafemi to make two cheques, one for N6 million payable to Manamachi Technobuild Services and another for the balance payable to the said Olajumoke Obafemi. The offence, the EFCC said, was contrary to Sections 390, 467, 468 of the Criminal Code Cap C17, Volume, Laws of Lagos state of Nigeria, 2003. The prosecuting counsel, Takiyudeen Arabi had urged the court to remand her in prison custody pending the hearing of the defendant’s bail application but her counsel, Olukemi Omotosho pleaded that the defendant be remanded at the EFCC’s custody where she had been for a week now in view of the fact that she was nursing a six- month-old baby. But in his ruling, Justice Abiru ordered that the defendant be remanded in the EFCC’s custody because of her baby and adjourned till October 22 for hearing of the bail application. In her ruling on the bail application filed by the defence counsel, Mr Femi Falana (SAN), Justice Okunnu said the sureties of Ajuyah must reside in Lagos State and should be gainfully employed as well as deposed to an affidavit of means. According to the judge, one of the sureties must own a landed property in Lagos State while the other must be a director in a public or private company in the country. They are also to produce a three-year tax clearance and their documents would be verified by an officer from the EFCC. Okunnu, who ordered Ajuyah to deposit her international passport and other travelling documents with the chief registrar and must not travel without the court’s permission, directed her to report once every month to the EFCC office during the period of the trial. Ajuyah alongside Olanrewaju Olalusi, Abdullahi Alao and their companies-Majope Investment Ltd. and Axenergy Limited were charged to court for allegedly obtaining money from the Federal Government for the purported importation of Premium Motoring Spirit (PMS) on February 14, 2011. They had all pleaded not guilty to the charge.