10th October, 2014
Henry Ojelu
Justice Lateefat Okunnu of the Ikeja High Court, Lagos today discharged an accountant, Ezekiel Ejidele of the charges of conspiring with four others to commit a N1.9 billion fuel subsidy fraud.
Okunnu discharged Ejidele, who is a staff of the accounting firm, Akintola Williams Delloite, after upholding his no-case submission application.
Ejidele was charged to court alongside two oil marketers, Walter Wagbatsoma and Adaoha Ugo-Ndagi, a staff of the Petroleum Products Pricing Regulatory Authority (PPPRA) and their company.
They are facing a nine-count charge of conspiracy, obtaining property by false pretences, forgery and uttering.
The defendants had all filed their respective no-case submission applications, urging the court to discharge them.
In her ruling, Okunnu held that the prosecution had not been able to provide sufficient evidence linking Ejidele to the alleged offences.
The judge said the prosecution solely relied on the testimony of an EFCC investigative officer, Mr Shehu Mohammed, who claimed to have interrogated one Danjuma Edeko.
She said Mohammed had claimed that Ejidele instructed Edeko not to monitor the discharge of the product imported by the defendants at the Integrated Oil and Gas Depot.
“This piece of evidence is inadmissible. There is nothing before the court to prove that he gave the said instruction to Edeko,” Okunnu added.
She noted that Ejidele had calculated the amount and endorsed the Shore Tank Certificate which the marketers used to process the subsidy payment in dispute.
According to her, there is no evidence that he knew that the document contained false representation.
The judge said: “In my humble view, there is no evidence linking the fourth defendant (Ejidele) to the crime.
“I hereby uphold his no-case submission and he is accordingly discharged.”
Okunnu, however dismissed the applications of the other four defendants, adding that sufficient evidence have been led against them which warranted their explanations.
She said the EFCC had alleged that the marketers and their company imported 12.4 million litres and 10 million litres of Premium Motor Spirit in two transactions between July and November 2010.
The judge also held that the court had jurisdiction to entertain the case contrary to the argument by the defendants counsel, Chief Wole Olanipekun (SAN).
“The applications of the other defendants are hereby dismissed. I hereby call upon them to present their respective defence cases,” Okunnu added.
The matter was adjourned till November 26 for the defendants to open their defence.