A Federal High Court, Ikoyi, Lagos, presided over by Justice Nicholas Oweibo, on Tuesday, ordered the arrest of alleged two petroleum products thieves over their continued failure to appear in court.
The suspected petroleum thieves ordered to be arrested are John Kwane Amissah and Jonathan Kumah Tetteh.
The court arrived at the decision following the prayer made by the Economic and Financial Crimes Commission (EFCC) through its counsel, Mrs Bilikisu Buhari-Bala.
The duo, who are Ghanaians, and whose bail had been revoked, are being tried by the anti-graft agency alongside a vessel, MT Queen Of Peace, a company, Mackter Fender Limited, and two Nigerians; Atolagbe Hakeem and Daniel Noan Oluwatunbi, on a three count-charge of conspiracy, illegal dealing and unlawful storage of 130 Metric Tonnes of Low Pour Fuel Oil (LPFO) and 120 Metric Tonnes of Automotive Gas Oil (AGO).
When the matter, which was originally slated for the cross-examination of the prosecution witness, Mr Ibrahim Muhammed Illo, an official of Nigerian Upstream Petroleum Regulatory Commission (NUPRC) who was recalled from annual vacation from outside the country for the matter, the defendants, and their lawyers were conspicuously not in court.
This development prompted the prosecutor to ask the judge to revoke their bail and issue a bench warrant against them.
According to Buhari-Bala, “My lord, the matter is adjourned to today for the cross-examination of the second Prosecution Witness (PW2). The witness was outside the country but had to be recalled because of this matter.
“We apply that the case be foreclosed on them, that his evidence should be tendered, and they have to pay for his ticket, as he is on leave and equally no longer working with the DPR.
“We apply for a bench warrant against the defendants that are not in court. The vessel's bail should also be revoked.”
After entertaining the submissions of the prosecution, Justice Oweibo declared, “I will take a drastic decision on their bail by cancelling it.
"The bail of the vessel and the defendants who are not in court is hereby revoked. The matter is hereby adjourned until February 13, 2024.”
According to the EFCC, the vessel, MT Queen of Peace and other defendants, were alleged to have on November 9, 2017, conspired among themselves to illegally deal and store 130 Metric Tonnes of Low Pour Fuel Oil (LPFO) and 120 Metric Tonnes of Automotive Gas Oil (AGO) popularly called diesel.
The anti-graft agency insisted that the offence is contrary to Section 3(6), 1(17) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004 and punishable under Section 1(17) of the same Act, and Section 4 of the Petroleum Act, Cap P10, Laws of the Federation of Nigeria 2004.
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