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Joseph Daudu (SAN), a former President of the Nigerian Bar Association, has petitioned the Lagos State High Court in Ikeja to reject the Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi’s (SAN) request to halt a high-profile oil theft trial involving multinational oil trading giant Trafigura Beheer BV and Trafigura PTE Limited.
Daudu, who is representing the nominal complainant, Nadabo Energy Limited, appeared before Justice Mojisola Dada on Thursday and claimed that the complaint was filed under the Lagos State Criminal Code Law (Cap. C17, 2003), not the federal penal system.
“The notice of discontinuance brought by the AGF’s office is unconstitutional,” Daudu said, adding that it violates Section 211(1) of the 1999 Constitution.
According to him, because the prosecution commenced in Lagos State, it is solely under the authority of the Attorney General of Lagos State, not the Federal Government.
It was stated that the AGF, working through the Director of Public Prosecutions (DPP), issued a notice of discontinuance following Trafigura’s counsel’s petition to the Federal Government to take up the matter.
However, Daudu argued that the action was “ultra vires, null, void, and constitutionally defective.”
“This notice is fundamentally flawed, shrouded in incompetence, and should be set aside,” he told the judge.
The case—ID/7980c/2018—is based on claims by the Special Fraud Unit (SFU) that Trafigura and five others stole Automotive Gas Oil (AGO) worth roughly $8,442,806.09 from Nadabo Energy.
The other defendants are Yusuf Kwande, Mettle Energy and Gas, Rembrandt Ltd, Osahon Asemota, and Jil Engineering and Oil Services Ltd.
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All defendants had already pleaded not guilty.
The trial had progressed dramatically, with the prosecution calling 17 witnesses. When the defence filed a no-case submission, Justice Dada disregarded it and ordered the accused to begin their defence.
Rather than continue with their defence, Trafigura’s legal team petitioned the AGF to end the case, resulting in the contentious notice of discontinuation.
After the prosecution filed the notice, the judge later released the defendants.
Trafigura’s lead attorney, Bode Olanipekun (SAN), contended that the defendants had faced similar allegations in a previous case before Justice Sedotan Ogunsanya, and requested dismissal of the new case due to double jeopardy.
However, Justice Dada found that there was no relationship between the two cases and dismissed the motion for lack of merit.
Following repeated court rulings directing the trial to proceed, Trafigura’s counsel initiated defence proceedings and called three witnesses before contacting the AGF to take over the case, which Daudu strenuously opposed.
