19 June, 2025
Azeez Folorunso
Moves by the Minister of Justice and Attorney General of the Federation, Prince Lateef Fagbemi (SAN), to abort a multi-million dollar criminal prosecution of Trafigura Beheer BV and Trafigura PTE Limited before a Lagos Special Offences Court sitting in Ikeja, Lagos, has irked a leading counsel to Nadabo Energy Limited, the nominal complainant in the suit, Mr Joseph B. Daudu (SAN).
Others facing alleged criminal charges in the matter include Yusuf Yahaya Kwande, Mettle Energy and Gas, Rembrandt Limited, Osahon Asemota and Jil Engineering and Oil Services Limited.
The three-count charge with identification number ID/7980c/2018 pending before Justice Mojisola Dada which was brought under the Criminal Code Law of Lagos State, Cap. C17, 2003, is bordering on stealing Automotive Gas Oil (AGO) worth about $8, 442, 806. 09 belonging to the nominal complainant (Nadabo Energy Limited).
The learned silk, who is representing Nadabo Energy Limited, kicked against the moves, praying the trial court to set aside the Notice of Discontinuance, saying it was not in accordance with the Constitution of the Federal Republic of Nigeria.
The controversial Notice of Discontinuance was the reason the trial judge discharged and acquit all the defendants.
This action of AGF on the Notice of Discontinuance brought by the Office of the Attorney General of the Federation through the Office of the Director of Public Prosecution of the Federation, according to Daudu, SAN, is an affront on the constitutional powers of the Attorney General of Lagos.
According to the Motion on Notice brought by Daudu (SAN) dated 19th May 2025, pending before Justice Mojisola Dada of the Special Offences and Domestic Violence Court in Ikeja, the action of the AGF to forcefully abor the prosecution of Charge No: ID/7980c/2018 was unconstitutional as the case was brought to court under the Lagos State law and not the federal law.
During the trial the prosecution team of the Special Fraud Unit (SFU) led by Mr Rotimi Jacobs (SAN) called 17 witnesses and the defence no case submission was thrown into the trash bin by the trial court.
Trouble started immediately after Justice Dada threw out the defendants’ no-case submission, calling on them to enter their defence. This prompted the first and second defendants’ counsel to approach AGF for the termination of the case.
The first defence counsel, Chief Bode Olanipekun (SAN), after opening his defence, brought an application praying for dismissal of the case, saying the defendants had been tried in a similar case before Justice Sodeton Ogunsanya of a Lagos High Court sitting in Ikeja.
Justice Dada, after taking the arguments of parties, dismissed the application, and in her ruling, the court held that the said application lacked merit as there was no nexus between the application and the subject matter before the trial court.
After several directives by Justice Dada, ordering the continuation of the trial, lead counsel to Trafigura companies, after calling three defence witnesses, approached the Office of the Attorney General of the Federation for the termination of the case vide a petition.
But Daudu (SAN), in his application before the trial court, contended that the AGF erred by keeping the petition away from them, despite several attempts made to have a copy of the said petition.
“The takeover was prompted by a petition written to the Attorney General of the Federation by Chief Wole Olanipekun (SAN), counsel to Trafigura BV and Trafigura PTE Limited.
“Copies of this letter by Chief Wole Olanipekun (SAN) were not served on the court or the nominal complainant.
“Despite the formal request by the nominal complainant/applicant to the Ministry of Justice for a copy of the letter by Chief Wole Olanipekun (SAN), the ministry via a letter dated 03/03/2025, refused to avail a copy of the letter to the nominal complainant.
“The Federal Ministry of Justice, particularly the Office of Director of Public Prosecution of the Federation, against all known rules, the rule of law, fair hearing and public interest, interacted with the 1st and 2nd defendants through their counsel to unlawfully truncate a seven-year-old trial which abruptly came to a halt at the takeover,” Daudu (SAN) submitted.
The nominal complainant counsel further said that the Notice of Discontinuance filed by the Office of the Attorney General of the Federation through the Office of the Director of Public Prosecution of the Federation is tantamount to usurping the constitutional powers of the Attorney General of the Lagos State.
Daudu (SAN) prayers before the court include “The honourable court should set aside the Notice of Takeover/Discontinuance issued by the Attorney General of the Federation through the Office of the Director of Public Prosecution of the Federation on 29/02/2024, usurping the constitution powers of the Attorney General of the Lagos State by unconstitutionally taking over the prosecution of Charge No: ID/7980c/2018 brought under the Criminal Code Law of Lagos State. Cap.C17, 2003 – a law enacted by the House of Assembly of a state and not by the National Assembly.
“The court must strike out or dismiss the Notice of Takeover issued by the Attorney General of the Federation through the Office of Director of Public Prosecution of the Federation for being ultra varies, null and void, same having violated Section 211 (1) of the Constitution of the Federal Republic of Nigeria, 1999.
“The court should set aside or strike out the Notice of Takeover as being shrouded in incompetence and fundamental defect which was issued by the Attorney General of the Federation through the Office of the Director of Public Prosecution of the Federation on 29/02/24 to take over the prosecution of the case.”
The learned senior lawyer stated that it is only the Attorney General of Lagos State that has constitutional powers to take over Charge No: ID/7980c/2018, as Takeover/Notice of Discontinuance of the Attorney General of the Federation through the Office of Director of Public Prosecution of the Federation is an affront on the powers of the constitution of the Federal Republic of Nigeria, 1999.
