Fuel Subsidy Report:Abuja lawyer gives EFCC seven days to ‘investigate and prosecute’ those indicted ,or else..



Abuja -based lawyer, Osuagwu Ugochukwu, Managing Partner Victory And Rose Associates has written a petition  to the Economic and  Financial Crimes Commission EFCC  requesting it  to investigate and prosecute people and institutions indicted by the Report of the House of Representives adhoc committee on fuel subsidy payments within seven days.If the commission fails, the lawyer said he would proceed to court to compel it to act.

Ugochukwu’s petitition addressed to  EFCC chairman which   titled “Request To Investigate And Prosecute Indicted Individuals, Corporate Bodies And Institutions Based On House Of Representative Report On Fuel Subsidy Scam Dated April 18, 2012” noted that “The House of Representatives ad-hoc committee on management of fuel subsidy in the country did indict the Nigerian National Petroleum Corporation (NNPC), the Petroleum Products Pricing and Regulatory Commission (PPPRC). and some oil marketers as well as other companies based on its report dated April 18,2012 copy of which is herein enclosed.

“It also recommended that the NNPC, PPPRA, as well as the other indicted oil firms should refund to government coffers the sum of N1, 067,040,456,171.31. The ad-hoc committee chaired by Rep Farouk Lawan further recommended that the relevant Anti-Corruption Agencies including the EFCC investigate and take legal action against those indicted in the Report.The committee in the report laid before the House plenary stated that the amount was sequel to several violations of extant laws by the players in the nation’s oil sector.

Continuing Osuagwu said “According to the reports, NNPC is to refund the sum of N310,414,963,613 on Kerosene subsidy;N285,098,000,000 for payment made to itself above the PPPRA recommended amount and N108,648,000,000 it rewarded itself as self discount. All the marketers investigated at the public hearing are to refund the sum of N8,664,352,554; companies that refused to appear before the committee are to refund N41,936,140,005.31 while the PPPRA is expected to refund the sum ofN312,279,000,000 as excess payment to itself.

“The reports stated: ‘The NNPC should refund to the Federation Account the sum of N310,414,963,613 paid to it illegally as subsidy for kerosene contrary to the Presidential Directive of July 29th, 2009 withdrawing subsidy on the product.’ “

“The NNPC should also refund to the Federation Account the sum of N285.098 billion being over deduction as against PPPRA approvals for 2011. The relevant anti-corruption agency should further investigate the Corporation for deductions for the years 2009 and 2010

“As postulated earlier in this report, data provided by NNPC and CBN tends to suggest that for 2009, 2010 and 2011, NNPC deducted subsidy payments from two different accounts. It is the recommendation of this committee that relevant anti-corruption agencies conduct thorough investigation into this matter and where it is established that double withdrawals were made, the extra amounts should be paid to the treasury and those involved prosecuted.

Said Ugochukwu ,”It is as a result of these that our Firm now request that the Commission invokes Section 6 and 7(1)(a) of the EFCC(ESTABLISHMENT)ACT 2004 to begin investigation of those indicted as mentioned in the HOUSE REPORT with a view to prosecuting them accordingly as instructed in the said REPORT within SEVEN days from the date of receipt of this PETITION failing which we shall proceed to the HIGH COURT to compel the Commission to act.”

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