A human rights group, Centre Against Injustice and Domestic Violence (CAIDOV), has called on the Attorney-General of the Federation (AGF), Mr. Lateef Fagbemi, SAN, to allow court decide a criminal trial of two foreign oil firms.
The firms; Trafigura Beheer BV and Trafigura PTE Ltd, were alleged to have been involved in theft of $8.4 million Automotive Gas Oil (AGO) belonging to Nadabo Energy Ltd.
CAIDOV, alongside Advocate for Social Justice and Defence of Rule of Law, made the call in a joint statement by the conveners, Mr. Gbenga Soloki and Mr. Niyi Adekanla.
They urged that in the alternative, the AGF could explore an out-of-court settlement between the firms and the nominal complainant, Nadabo Energy Ltd.
According to them, the delay of the case is premised on a letter dated February 29, signed by the Director of Public Prosecution of the Federation (DPP), Mr. M. A. Abubakar, which was for the taking over of the prosecution by the office of the AGF.
Others facing criminal trials alongside the mentioned foreign firms are Osahon Asemota, Yusuf Kwande, Mettle Energy and Gas, Rembrandt Ltd and Jil Engineering and Oil Services Ltd.
The suit,asked: ID/7980C/18, was filed by the Police Special Fraud Unit (SFU) before Justice Mojisola Dada of the Ikeja Special Offences Court.
The prosecution had charged the defendants with a three-count of conspiracy, stealing and receiving stolen property.
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According to the charge, the foreign oil firms, alongside four other co-defendants, allegedly stole 6.4 metric tonnes of diesel oil worth $8.4 million belonging to Nadabo Energy Ltd in October 2008.
The prosecution, during the trial of the case, called 17 witnesses before they closed their case, while the defendants, so far, had presented four witnesses.
They said it was the letter of the director of public prosecution of the federation that stopped the trial before the trial court.
The group said they were aware of the constitutional power of AGF to take over any case as enumerated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The rights group, however, said the continued delay in the prosecution of the criminal trial of the defendants was not in line with the administration of the criminal justice system in the country.
“A decision of the Attorney-General of the Federal to take over the criminal prosecution of defendants validly arraigned in a court of competent jurisdiction for trial regarding commission of criminal offences in a criminal charge against them is undeniable, in sync with the constitutional powers of AGF.
“It is also a call to duty to reflect all the subjective obligations and objective prohibitions as they pertain to the powers of the AGF.
“In exercising his powers under this section, the AGF shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process," they said.
