N979bn Subsidy Fraud: Trial Suffers Fresh Setback; As Chief Judge Withholds Marketers Case File …EFCC, Trial Judge Insist On Bench Warrant

The much awaited execution of Bench warrant slammed on two Petroleum Products Marketers, Oluwaseun Ogunbamba and Habila Theck in a N979.6m fuel subsidy fraud case brought against the duo, by the Economic and Financial Crimes Commission (EFCC) before an Ikeja High Court could not be effected, yesterday.
This is because , the trial judge, Justice Adeniyi Onigbanjo explained the case file of the defendants and their firms-Fargo Energy Ltd, was still with the state Chief Judge, Justice Ayotunde Philips.
He said that the Chief Judge had earlier withdrawn the aid case file following a petition allegedly written against him  by one of the marketers Ogunbambo.
“As it stands now, I cannot discharge the order. We will have to wait until the file is returned or the Chief Judge decides to transfer the case to another judge, Onigbanjo said.
Before adjourning the case during it hearing on June 25, this year, Justice Onigbanjo had issued a bench warrant on the two accused persons and ordered their arrest for failing to attend trial without cogent reasons.
When hearing resumed yesterday the two accused persons appeared in court without the counsel, but told the court their attorney was attending to another matter in Abuja and had sent a letter regarding his absence.
Counsel to the EFCC, Mr Francis Usani said he was unaware of the letter, pointing out that the defendants counsel on the court’s record was Mr Adebayo Adenipekun (SAN) and not one Mobolaji Akintunde, the new counsel from whom the said excuse letter emanated.
The EFCC also notified the court that the defendants had approached the Federal High Court in Lagos to secure an order restraining the anti-graft body from enforcing Onigbanjo’s bench warrant.
“I have a copy of the Federal High Court’s order. It is a strange legal practice because both courts are of coordinate jurisdiction” Usani argued, and urged the court to discharge the bench warrant earlier issued against the defendants.
But the trial judge while agreeing with the EFCC alluded to the legal fact that such action cannot be enforced in a vacuum since the case file was still in the custody of the Chief Judge.
He then adjourned the case till November 18 for further mention.

Donald Mike-Jaja with Agency Report

Rivers State Governor, Rt. Hon. Chibuike Rotimi Amaechi (middle) inspecting a guard of honour mounted by the Batch ‘C’ 2012 corps members, during their passing-out ceremony in Port Harcourt, yesterday.