SUBSIDY FRAUD TRIAL: ALI'S SON SEEKS VARIATION OF BAIL TERMS
Subsidy fraud trial: Ali’s son seeks variation of bail terms
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Mamman Ali Mamman, son of former Peoples Democratic Party (PDP) National chairman Ahmadu Ali, yesterday urged the court hearing the alleged N13 billion fuel subsidy fraud trial to vary his bail conditions.
His lawyer brought the application during the arraignment of two other suspects and an oil firm in the alleged fraud.
Last Thursday when Mamman Ali and others, including Mahmud Tukur, son of PDP National Chairman Bamanga Tukur, were arraigned, Justice Adeniyi Onigbanjo granted each of them bail in the sum of N20 million, with two sureties.
One of the sureties is expected to be a blood relation of the suspect, who must own a property worth not less than N100 million in Lagos, with verifiable title document.
The other surety, who must be a level 16 officer in the Lagos State or federal civil service, must produce three years tax clearance verified by the chief registrar of the high court.
The accused persons are also to deposit their international passports with the Economic and Financial Crimes Commission (EFCC) whose officials must not release it without the express permission of the court. The matter was then adjourned till October 11.
Ali, his company Nasaman Oil Services and Christian Taylor were jointly arraigned for allegedly conspiring to fraudulently obtain N4,461,136,798.94 by false pretence from the Federal Government, purporting the sum to be payment under Petroleum Support Fund (PSF) as subsidy for the purported importation of PMS from Europe to Nigeria.
Mr. Toyin Pinheiro, counsel to Ali, applied for variation of the bail granted his client and the 3rd defendant, Christian Taylor.
“I have filed a new application for variation of bail terms granted the defendants at the last hearing. So, there are two applications before the court now.
“We want to withdraw the earlier one dated July 27, 2012. The new one was filed today (Monday). I have discussed with my learned colleague. That is the one we want to argue now,” Pinheiro told the court.
Counsel to the prosecution, Mr. Rotimi Jacobs, told the court that they were in the process of filing their response to the earlier application when they were served with the new application for variation of bail condition.
Jacobs told the court that they would need time to respond to the new application, in view of the issues raised in it.
He said, for instance, that the third defendant, Taylor, who earlier in the proof of evidence claimed to be an indigene of Edo State had suddenly turned round to claim citizenship of Sierra Leone.
“We want the court to look into these issues before deciding on a date to argue the issues of bail,” Jacobs said.
After a consideration of the views of the prosecution and defence, Justice Onigbanjo adjourned the matter till tomorrow for argument of application for bail variation.
Those arraigned by the EFCC before Justice Onigbanjo yesterday included Oluwaseun Ogunbambo, Habila Theck and Fargo Petroleum and Gas Limited.
One accused person, Olugbenga Adesanya, could not be arraigned because he is “still at large”.
The accused are among 17 oil marketers and seven oil companies indicted in the fuel subsidy fraud.
The accused persons are facing a six-count charge bordering on conspiracy, obtaining money by false pretence, forgery and use of false documents.
Though the agency had earlier preferred a seven-count charge against the accused persons, one of the prosecuting counsel, Mr. Francis Usani, applied to the court to drop one of the charges.
The EFCC said the offences they committed are contrary to Section 8 and punishable under Section 1 (1)(2)(3) of the Advanced Fee Fraud and other Fraud Related Offences Act, Laws of the Federation of Nigeria.
The offences, the commission said, are contrary to Sections 363 and 364 of the Criminal Laws of Lagos State of Nigeria No 11, Laws of Lagos State 2011.
The EFCC alleged that the accused persons and the oil company “on or about February 10, 2012, with intent to defraud, conspired with one Olugbenga Adesanya, still at large, to fraudulently obtain N976,653,110.28 from the Federal Government of Nigeria by falsely representing it.
That the said sum represented subsidy accruing on importation of 13,627,084 litres of Premium Motor Spirit (PMS) purportedly bought from Sealac Petroleun Limited and imported into Nigeria.
The EFCC also alleged that the accused persons and the oil company” on 14th day of October, 2011 at Lagos and within Ikeja judicial division, with intent to defraud and in order to facilitate your obtaining money by false pretence from the Federal Government, under the Petroleum Support Fund, forged a document titled “Certificate of Origin, Port of Loading Antwerp Belgium” dated October 14, 2011, purporting the document to have been issued by Seatac Petroleum Limited”.
When the charges were read, the accused persons pleaded not guilty.
Counsel to the defendants, Mr. Babajide Koku (SAN), told the court that there were two applications for bail, one of which was dated July 25, 2012 and forwarded to court last week and a new one filed yesterday morning.
Koku applied for the application for bail dated July 25, 2012 to be struck out and for its substitution with the new application.
He told the court that the new application was informed by the need to react to the counter affidavit of the prosecution which opposed bail for the first defendant.
Jacobs told the court that they would have moved their application but that they needed time to react to some fundamental issues in the new application.
The defence asked for a short adjournment to enable parties react to all applications before the court.
While conceding the need for an adjournment, the prosecution urged the court to order that the accused persons be detained in the custody of the EFCC, pending when their application for bail will be argued.
Justice Onigbanjo granted the request and adjourned the matter till tomorrow for argument of bail application.
With the latest development, 23 suspects are now on trial over the alleged scandal.
But there is a new twist to the ongoing trial as one of the suspects arraigned last week, has threatened to open up on the link between subsidy funds and the 2011 general election.
The suspect, who was taken to court in absentia, queried why he was arraigned when the chairman of his oil firm was left out.
A source quoted him as saying: “I cannot understand why I was being arraigned but the chairman of our oil firm was left out.
“The chairman and other directors knew what this money was used for during the last general election. Now, it is my reputation that is being sacrificed whereas those neck-deep in the fuel subsidy matter are walking the streets free.
“I am ready to open up unless justice is ensured because I had no hand in this subsidy scam. If you log on to the Internet, my integrity does not worth a penny anymore.
“I cannot be sacrificed; I will say the truth in court and nothing but the truth,” he threatened.
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