The Economic and Financial Crimes Commission has withdrawn
charges of alleged fraud in the fuel subsidy payments against Durosola
Omogbenigun and Peter Mba along with their firms.
Counsel for the EFCC, Mr. Oyedepo Rotimi, told a Lagos
High Court in Igbosere on Tuesday that the charge tagged, ID/122C/2012,
was mistakenly instituted against Omogbenigun, his company Integrated Resources
Limited, like Mba and his Pinnacle Oil and Gas firm.
According to the lawyer, the charge had not been served
on the defence as Tuesday’s proceedings.
Justice Samuel Candide-Johnson struck out the charge
following an application by the EFCC.
The EFCC, in the charge, alleged that they
conspired on different occasions to fraudulently collect over N2bn from
the Federal Government under the Petroleum Support Fund, purporting the
money to be payments for importing certain litres of petrol).
The four were charged with four counts of conspiracy to
obtain and obtaining property by false pretences.
The anti-graft body said the offences were
contrary to Section 8 and 1 (3) of the Advance Fee Fraud and other Fraud
Related Offences Act 2006.
However, Rotimi said he was instructed by the
Attorney-General of the Federation and Minister of Justice, Mohammed
Adoke, to withdraw the case.
He said the EFCC found out after a review that
the suspects did not commit the offence for which they were to be
arraigned.
Rotimi said, “We have information (charge) dated
July, 20 2012 before this court. I have the instruction of the Attorney-General
to withdraw the information.
“The information has not been served on the defence. I
urge the court to strike out the charge.”
He added, “The charges preferred against the
defendants in this case were misconstrued by the prosecution and were
inadvertently filed against the said defendants.
“A review of the prosecution’s case and the evidence
available to the prosecution clearly showed that the defendants did not commit
the offences for which they are charged.
“The complainant/applicant in consideration of the
above fact has decided to withdraw the criminal charge before this Honourable
Court against the defendant and substitute it with an information already filed
at the registry of this Honourable Court in suit No. ID/122C/2012 – Federal
Republic of Nigeria vs. Oluwaseun Ogunbambo and others.
“Withdrawing the charge against the defendants will
meet the interest of justice in the case.”
The judge said, “At the instance of the
prosecution, the information, having been withdrawn, is struck
out.”
In its application dated July 26, the EFCC
premised on Section 73 of the Administration of Criminal Justice Law of Lagos
State 2007, Rotimi sought an order granting the EFCC leave to withdraw the
charge “against all the defendants.”
Meanwhile, spokesman for the EFCC, Wilson Uwujaren
said, “The withdrawal of the charges against Pinnacle Oil and Gas Plc and
others was deliberate. In the face of fresh evidence, the commission felt the
need to firm up the charges, fully convinced that it is better to consolidate
the charges ahead of formal arraignment than to start making amendments
thereafter.”