Ex-NBA president resists AGF’s attempt to discontinue firm’s trial

A outdated President of the Nigerian Bar Affiliation (NBA), Joseph B. Daudu (SAN), has entreated a Lagos Sing Excessive Court in Ikeja to reject an strive by the Minister of Justice and Legal educated Overall of the Federation, Lateef Fagbemi (SAN), to abort a multi-million greenback criminal prosecution of Trafigura Beheer BV and Trafigura PTE Restricted.

Daudu, counsel to Nadabo Energy Restricted, the nominal complainant in the topic, entreated the trial exhaust, Justice Mojisola Dada, to position apart the Ogle of
Discontinuance since it used to be unconstitutional, as the case used to be delivered to court under Lagos Sing law, no longer federal law.

CriminalThe lawyer argued that the Ogle of Discontinuance brought by the Place of work of the Legal educated Overall of the Federation thru the Place of work of the Director of

Public Prosecution of the Federation is an affront to the constitutional powers of the Legal educated Overall of Lagos.

Diversified defendants in the case are Yusuf Kwande, Mettle Energy and Fuel, Rembrandt Restricted, Osahon Asemota, and Jil Engineering and Oil Services and products Restricted.

The three-count mark, marked as ID/7980c/2018, used to be brought under the Felony Code Law of Lagos Sing, Cap. C17, 2003.

The Police Particular Fraud Unit (SFU) accused the defendants of stealing Automotive Fuel Oil (AGO) value about $8,442,806.09 from Nadabo Energy Restricted.
They pleaded no longer responsible to the value.

All the design thru the trial, the prosecution group, led by Rotimi Jacobs (SAN), referred to as 17 witnesses, and the trial court pushed aside the defence’s no-case submission and referred to as on them to enter their defence.

Quite than doing so, Trafigura BV and Trafigura PTE Restricted approached the AGF thru a petition urging him to halt the case.

The exhaust had since discharged the defendants after the prosecution moved for a Ogle of Discontinuance.

But Daudu, in the circulation on look for, requested the court to strike out or brush off the awareness of takeover issued by the Legal educated Overall thru the Place of work of the Director of Public Prosecution of the Federation for being ultra vires, null and void, same having violated Share 211 (1) of the 1999 Structure.

He additionally prayed the court to position apart or strike out the awareness of takeover as being shrouded in incompetence and traditional defect, which used to be issued by
the AGF thru the Place of work of the Director of Public Prosecution of the Federation on February 29, 2024, to decide on over the prosecution of the case.

The first defence counsel, Chief Bode Olanipekun (SAN), opened his defence by filing an utility searching for to brush off the case, arguing that the defendants had already been tried in a a similar case earlier than Justice Sodeton Ogunsanya on the Lagos Excessive Court in Ikeja.

In her ruling, Justice Dada held that the utility lacked benefit as there used to be no nexus between it and the enviornment cloth earlier than the trial court.
She then ordered the trial to proceed.