The absence of a co-defendant stalled the commencement of trial of the Managing Director of Cast Oil and Gas, Olatunji Amusan.
The Special Fraud Unit, SFU, of the Nigeria Police is eager to commence the trial in the alleged $6.3million USD pressed against him.
But the absence of the fourth defendant stalled the plan.
The defendants including Sunny Amos Effiong and Augusta Energy S. A. Geneva in 2019 were accused of stealing 10,000 metrics tons of Automotive Gas Oil, AGO, valued at $6.3m.
According to the charge, the defendants conspired to defraud Top Oil & Gas Development Ltd and its chairman, Chief Don Obot Etiebet, contrary to Section 422 of the Criminal Code, Cap C.38, Laws of the Federation of Nigeria (LFN), 2004.
SFU alleged further that Cast Oil & Gas Ltd, its MD, Olatunji Amusan, Sunny Amos Offiong and Augusta Energy S.A. Geneva, allegedly committed the offence between January and December 2015, in Lagos, through fraudulent means.
They allegedly conspired amongst themselves to defraud Top Oil & Gas Development Ltd and its chairman, Chief Don Obot Etiebet of 10,000 metric tons of Automotive as Oil, AGO, which they paid for through Access Bank Plc under an Import Finance Facility Scheme, IFF, between Top Oil & Gas Development Ltd and Access Bank Plc for the supply and delivery of the said product valued at over 6.3million United States of America Dollars by Augusta Energy S.A. Geneva to them.
Other charge against them is alleged issuance of dud cheque, dated 31st May, 2016 contrary to Section 1 (1) (b) (i) & (ii) of the Dishonoured Cheques (offences) Act of 2004.
Cast Oil & Gas Ltd and Olatunji Amushan was said to have sometimes in “May, 2016, in Lagos, knowingly issued Fidelity Bank cheque No. 23456770, dated 31st May, 2016, in the sum of 200million Naira to the benefit of Top Oil & Gas Development Ltd, as a refund for the proceeds of its 10,000 metric tons of Automotive Gas Oil, AGO, which was allegdly stolen, sold off and converted the proceeds to their own use.
Upon presentation for payment within three months, the cheque was dishonoured by the Bank for lack of funds or sufficient funds in the account, against which it was issued.”
The defendants pleaded not guilty to the nine-count charge leveled against them.
During the arraigment one Mr. Oladipupo Samuel represented the fourth defendant, (Augusta Energy S. A. Geneva)
But the said Mr. Oladipo Samuel who has been representing Augusta Energy S. A. Geneva was not in court when the matter was called for hearing.
SFU head of legal, Mr. Emmanuel Jackson asked for a bench warrant against the company representative, Mr. Oladipo Samuel.
However, the presiding judge, Justice Hakeem Oshodi turned down the request base on the provisions of section 359 of ACJL 2021.
In a swift response Mr. Jackson sought for adjournment to enable the prosecutor to amend the charge information to join the director of the Augusta Energy S. A. Geneva.
Counsel to Amusan, Cast Oil and Gas, and counsel to Sunny Amos Effiong who did not oppose the request, urged the court for an accelerated hearing.
In his ruling, Justice Oshodi granted the prayer and urged the prosecutor to ensure the production of the fourth defendant as the court would not tolerate any form of delay.
The matter was adjourned till June 23rd for possible commencement of trial.
