Justice O. Oguntoyinbo of the Federal High Court sitting in Ikoyi, Lagos, today admitted in evidence five documents tendered by the Economic and Financial Crimes Commission, EFCC, against a suspected oil fraudster, Ogbor Elliot, Managing Director, Danium Energy Services Limited, who ‘passed out’ twice inside the accused box.
Eliot is standing trial alongside Godwin Okoronkwo, Managing Director, Petrosol Energy Limited, for a 10-count charge bordering on obtaining under false pretense, conspiracy and forgery to the tune of N7, 300,000,000(Seven Billion, Three Million Naira).
The suspects, who are members of a syndicate of fraudsters, were arrested following a complaint received by the Commission from a new generation bank, on March 17, 2017.
The complainant alleged that sometime between January and February, 2017, Danium Energy Services Limited, one of the bank’s customers, approached the bank to finance three different Purchase Orders for the sale of Automotive Gas Oil, AGO, to Total Nigeria Plc, with a cumulative value of N12, 134, 700,000(Twelve Billion One Hundred and Thirty-four Million, Seven Hundred Thousand Naira).
The bank further alleged that it financed two of the Purchase Orders for the sum of N4, 103, 100, 000.00 and N4, 015,800,000.009 respectively, after allegedly receiving confirmation from Total Nigeria Plc.
However, the purchase orders were discovered to have been forged when the bank approached Total Nigeria Plc for payment 21 days after financing the transaction.
Justice Oguntoyinbo had, at the last adjourned sitting on Wednesday, October 11, 2017, ordered the accused to be remanded in prison custody and fixed Friday, October 13, 2017(today) for hearing of bail applications and commencement of trial.
However, at the resumed hearing today, the first accused, Eliot, ‘fainted’ soon after he entered the dock.
Consequently, the case was stood down, while first aid treatment was administered on him.
In her reaction to the development, Justice Oguntoyinbo said: “No form of delay or distraction will hold the court to ransom.”
Proceedings, therefore, continued after the accused had come around.
The prosecution counsel, Rotimi Oyedepo, through a prosecution witness, Okechukwu Akugbe, an investigator with the EFCC, tendered a copy of the petition written by the bank dated March 15, 2017 to the Commission.
The prosecution also tendered the proof of payment to Danium Energy Services and its attachments, which were supplied by the Bank in response to a request for the account details and account opening package regarding the transaction.
Also, the prosecution tendered both a copy of the letter written by EFCC to Total Nigeria Plc as well as the reply received regarding the transaction.
Counsel to the accused did not object to the admissibility of the documents by the court.
The documents were admitted and marked exhibits OG1 , OG2 and OG3, OG4 and OG5, respectively.
Counsel to the first accused person, Ibrahim Ayoade, told the court of his intention to withdraw further appearance for his client in the matter.
However, Oyedepo, objected to the intention for withdrawal expressed by counsel to the first accused person, adding that “The Administration of Criminal Justice Act, ACJA, states that a counsel is bound to continue with case until final judgment. But if he wants to disengage, he must give at least a three-day notice before the court sits for hearing.”
Justice Oguntoyinbo held that no application had been filed or brought before her to that effect.
She berated the defence counsel for attempting to stall the trial, adding that “it is not allowed to withdraw appearance while trial is ongoing.”
Consequently, Justice Oguntoyinbo adjourned the case to Monday, October 16, 2017 for hearing of the bail applications.
