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High-Stakes Showdown: Ex-NBA President Resists AGF’s Attempt to Drop $8.4M Oil Scam Case
A former President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN), has urged the Lagos State High Court in Ikeja to reject the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN)’s attempt to withdraw a major oil theft case involving multinational oil traders Trafigura Beheer BV and Trafigura PTE Limited.....KINDLY READ THE FULL STORY HERE▶
Appearing before Justice Mojisola Dada on Thursday, Daudu, who represents the nominal complainant Nadabo Energy Limited, argued that the case was filed under the Criminal Code Law of Lagos State (Cap. C17, 2003) and, therefore, cannot be discontinued by the federal authorities.
He described the AGF’s notice of discontinuance—filed through the Director of Public Prosecutions (DPP)—as unconstitutional, stressing that it violates Section 211(1) of the 1999 Constitution. According to Daudu, only the Lagos State Attorney General has the legal standing to withdraw such a case, given its state-level origin.
The application by the AGF followed a petition from Trafigura’s legal counsel, requesting the Federal Government to take over the matter. Daudu, however, labeled the move “ultra vires, null, void, and constitutionally defective.”
“This notice is legally incompetent and should be struck out,” he argued.
The matter—ID/7980c/2018—revolves around allegations by the Special Fraud Unit (SFU) that Trafigura and five co-defendants stole Automotive Gas Oil (AGO) worth $8.4 million from Nadabo Energy.
The other defendants include Yusuf Kwande, Mettle Energy and Gas, Rembrandt Ltd, Osahon Asemota, and Jil Engineering and Oil Services Ltd—all of whom have pleaded not guilty.
The trial had reached an advanced stage, with 17 witnesses called by the prosecution. A no-case submission filed by the defence was dismissed, with the court ordering them to present their defence.
Instead, Trafigura’s legal team petitioned the AGF to halt the proceedings. The court later discharged the defendants after the notice of discontinuance was adopted by the prosecution.
Lead defence counsel Bode Olanipekun (SAN) argued the charges constituted double jeopardy, citing a previous case involving the same parties heard by Justice Sedotan Ogunsanya.
Former NBA President Joseph Daudu (SAN) has opposed a move by the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), to halt an $8.4 million oil theft trial involving Trafigura Beheer BV and Trafigura PTE Limited at the Lagos State High Court.
Appearing before Justice Mojisola Dada, Daudu insisted the trial was based on state law—Lagos Criminal Code (Cap. C17, 2003)—and can only be discontinued by the Lagos State Attorney General, not the federal government. He labelled the AGF’s notice of discontinuance, filed after a petition from Trafigura’s lawyers, as unconstitutional and “grossly incompetent.”
The case involves allegations by the Special Fraud Unit that Trafigura and five others stole Automotive Gas Oil (AGO) valued at $8.44 million from Nadabo Energy Ltd. All accused parties had pleaded not guilty, and 17 witnesses had already been called before the defence’s no-case submission was dismissed.
Despite the court’s directive to begin their defence, Trafigura appealed to the AGF for a case withdrawal, which was controversially granted, leading to the discharge of all defendants. Trafigura’s counsel, Bode Olanipekun (SAN), argued the charges duplicated earlier proceedings, constituting double jeopardy.
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