(Godwin Tsa, ABUJA)

The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a business man and ally of former Petroleum Minster, Diezani Allison-Madueke, Jide Omokore, Victor Briggs, Abiye Membere, David Mbanefo, and Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited.

They were however admitted to bail by Justice Binta Nyako in the sum of N50 million each and a surety in the like sum, after entering a plea of not guilty.
‎Before then, counsel to Omokore,(1st defendant) , Rafiu Lawal Rabana (SAN) told the court that the charge is not ripe for hearing on the ground that, Kolawole Aluko Akanni, who is now at large was not before the court among the defendants.

Rabana, whose submission was adopted by all the defence counsel told the court the Administration of Criminal Justice Act (ACJA) states that all defendants must be present in court in a criminal trial, and that in the instant case, Akanni must be present in court before the arraignment can go on.

The defence counsel argued that as far as Aluko’s name was listed as one of the defendants, he ought to be served with the charge, arguing that there is no way a trial can proceed without serving Aluko, “because we don’t want our clients to be tried twice”

But Jacobs, the prosecuting counsel countered that a party not available can be arraigned in absentia. “Any time we get him, the charges could be amended and charges filed against him.

“Aluko is in Europe, we could not even take his statement, yet they want us to serve him along with others so that they could create a lacuna. The plea of those present in court should be taken”, he argued.

Having taken the hint of the court, Jacobs asked the court to strike out Kolawole Akanni Aluko’s name from the charge sheet to enable the defendants present in court take their plea.

Upon the request, Justice Nyako, accordingly struck out Aluko’s name from the charge sheet, before the nine-count charges were read to them.

After their plea of not guilty, their respective counsel then asked the court to grant them bail on self recognisance or on liberal terms.

The prosecution counsel, Rotimi Jacobs (SAN) did not oppose the applications, but however told the Judge to give them conditions that would make appear in court for trial.

In her ruling on the bail application of the defendants, namely, Olajide Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concept Ltd, Victor Briggs, Abiye Membere and David Mbanefo, Justice Nyako said each of the defendant must produce a surety, who must either be a senior civil servant or must have a landed property.

She said the sureties must depose to an affidavit of means and that all the defendants must deposit their international passport and other travelling document with the court.

Some of the count-charge reads:

“That you, Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concepts Ltd and Kolawole Akanni Aluko (now at large) between May and October, 2013, within the jurisdiction of this honourable court, by false pretence and with intent to defraud, induced the Nigerian Petroleum Development Company, Nigeria National Petroleum Corporation (NNPC) and the Federal Government of Nigeria to deliver to you 5, 652, 227 barrels of crude oil (Brass blend) valued at the sum of US $ 616, 013, 615.27, through the medium of contact (Strategic Alliance Agreement) which delivery was induced by false pretence to wit: the representation that you have technical competence, professional skilss and funds (both local and foreign) necessary to support NPDC in petroleum operation for the OML 60, 62, 62 and 63 and you thereby committed an offence contrary to Section 1 (1b) of the Advance Fee Fraud and other fraud related offences Act CAP A6 2010 Laws of the Federal Republic of Nigeria and Punishable under Section 1 (3) of the same Act.”

Count three:

“That you, Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concepts Ltd and Kolawole Akanni Aluko (now at large) between May 2013 and March 2014, within the jurisdiction of this honourable court obtained by false pretence and with intent to defraud 7, 551, 867 barrels of crude oil (Brass blend) valued at the sum of US$ 823, 075, 189.95 from Nigerian Petroleum Development Company, Nigeria National Petroleum Corporation (NNPC) and the Federal Government of Nigeria on the false pretence that ypu had funds (both local and foreign) necessary to support the Nigerian Petroleum Company Ltd in Petroleum operation for the OML 60, 61, 62 and 63 and you thereby committed an offence, contrary to Section 1 (a) of the Advance Fee Fraud and other fraud related offences Act CAP A6 2010 Laws of the Federal Republic of Nigeria and punishable under Section 1 (3) of the same Act.”

Count five reads:

“That you, Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concepts Ltd and Kolawole Akanni Aluko (now at large) sometime in 2013 within the jurisdiction of this honourable court, did conspire amongst yourselves to commit an offence to wit: laundering of prceeds of an unlawful act and you thereby committed an offence contary to section 18 (a) of the money laundering (prohibition) 2011 as amende in 2012 and punishable under Section 15 (3) of the same Act.”

Count nine reads:

“That you Victor Biggs (while being the Managing Director of the Nigerian Petroleum Development Company (NPDC), Abiye Membere (while being the Group Executive Director, Exploration and Production of the NNPC, David Mbanefo, while being manager, Planning and Commercial of the NNPC between 2013 and 2014n within the jurisdiction of this honourable court did conduct procurement fraud by means of corruption when you collected car gift from Olajide Jones Omokore, Atlantic Energy Brass Development Ltd, Atlantic Energy Drilling Concepts Ltd and Kolawole Akanni Aluko on account of strategic alliance agreement they had with NPDC and you thereby committed an offence contrary to Section 58(4b) of the Public Procurement Act CAP P44, Laws of the Federation of Nigeria 2010 and punishable under Section 54(5) of the same Act.”