A rights group, the Centre Against Injustice and Domestic Violence, CAIDOV, in collaboration with Advocate for Social Justice and Defence of Rule of Law has raised an alarm over the intent of the Attorney General of the Federation, AGF, Mr. Lateef Fagbemi (SAN) intent to take over prosecution of a case involving a foreign oil company and five others accused of $8.4million fraud.
Trafigura Beheer BV Trafigura PTE Limited is facing trial alongside two oil marketers – Osahon Asemota and Yusuf Kwande as well as Mettle Energy and Gas, Renbrandt Limited and Jil Engineering and Oil Services Limited.
The defendants have been for six years, facing a three-count charge of conspiracy, stealing and receiving stolen property proffered against them by the Police Special Fraud Unit, SFU before Justice Mojisola Dada of an Ikeja Special Offences Court.
The prosecution accused the foreign oil company alongside its four co-defendants of stealing 6.4 metric tonnes of diesel oil worth $8.4million belonging to Nadabo Energy Limited in October 2008.
During the six-year trial, 17 witnesses testified on behalf of the prosecution before the agency closed its case while the defendants have so far presented four witnesses.
According to CAIDOV, the trial took a puzzling turn when the Director of Public Prosecution of Federation, Mr. M.A Abubakar by a letter dated February 29, 2024, announced the takeover of the prosecution of the matter by the office of the Attorney-General of the Federation.
According to the letter, the takeover of the prosecution of the case is in exercise of AGF’s powers under Section 174(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which provides: (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.
CAIDOV in its statement revealed that according to their investigations on the matter revealed that the AGF took over the prosecution of this case based on the complaints to his office sequel to a letter dated November 17, 2023.
According to the group the office of the AGF’s takeover of the prosecution of the criminal suit will lead to more delays in the matter which has been in court for six-years.
The group noted that the same Section 174(3) of Constitution of the 1999 Federal Republic of Nigeria (as amended) which empowers the AGF to takeover prosecution of matters also provides:
(3) In exercising his powers under this section, the Attorney General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
The group queried why other options as provided by law which would not cause further delays in the case were not explored before the aggrieved parties in the suit resorted to writing to the office of the AGF.
“It is our humble view that there are quite a number of options available for any of the parties before the court that has any complaint against the handling of such matter by the judge.
“Such party(ies) can complain directly to the National Judicial Council, NJC, a body responsible for discipline of judicial officers or lodged a complaint with the Chief Judge of the State who has the administrative power to look at such complaint and reassign the matter to another Judge or asked the trial judge to continue if such complaint usually initiated via a petition is found unmeritorious.
“However, in the instant case, fear is being expressed in some quarters that the matter may have been infested with virus of delay,” the group said.
Describing the Honourable AGF Mr. Lateef Fagbemi, as a quiet achiever, CAIDOV also noted that he is also a stickler for rule of law and a notable combatant in the defence of justice.
The group made a plea to the Honourable AGF to ensure fairness and justice to all parties by allowing the trial court to decide suit base on merit and evidence before it.
“We are calling on the AGF to always look at the larger picture of his office as commanded by Section 174(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“We urge the Honourable Attorney-General to continue to work as he has started well on restoration of public confidence in the system and etch his own name in gold anytime the history of administration of criminal justice system of the country is being told.
“There is no doubt, history beckons on the AGF and this is the time to make the difference. No affinity to any institutions, persons or group should stop him from making history at this period of time in our nation.”
