Lagos court grants continuation of trial of Trafigura in case filed under Lagos law
By Jeph Ajobaju, Chief Copy Editor
An attempt by federal Attorney General and Justice Minister Lateef Fagbemi SAN, to appropriate and discontinue the trial of Trafigura Beheer BV and Trafigura PTE Limited over alleged $8.4 million theft has been halted in court based on counter-argument by Joseph Daudu SAN, counsel to the plaintiff, Nadabo Energy Limited.
Daudu – former Nigerian Bar Association (NBA) President – urged Judge Mojisola Dada at the Lagos High Court in Ikeja to set aside Fagbemi’s notice of discontinuance on the grounds that it is unconstitutional as the case was filed under Lagos State law and not federal law.
He argued that the notice of discontinuance brought by the Office of the Attorney General of the Federation (OAGF) through the Office of the federal Director of Public Prosecution (DPP) is an affront to the constitutional powers of Lagos Attorney General.
Other defendants in the case are Yusuf Kwande, Mettle Energy and Gas, Rembrandt Limited, Osahon Asemota, and Jil Engineering and Oil Services Limited.
The three-count charge marked as ID/7980c/2018 was brought under the Criminal Code Law of Lagos State, Cap. C17, 2003.
The Police Special Fraud Unit (SFU) accused the defendants of stealing Automotive Gas Oil (AGO) also called diesel worth about $8,442,806.09 from Nadabo Energy.
They pleaded not guilty to the charge.
During trial, the prosecution called 17 witnesses and the court rejected the no-case submission of the defence.
But Trafigura BV and Trafigura PTE through their counsel approached Fagbemi in a petition urging him to terminate the case.
The Judge discharged the defendants after the notice of discontinuance was moved by the prosecution.
However, Daudu in a motion on notice asked the court to strike out or dismiss the notice of takeover issued by Fagbemi through federal DPP for being ultra varies, null and void, having violated Section 211 (1) of the Constitution, per Vanguard reporting.
He also asked the court to set aside or strike out for incompetence and of fundamental defect, the Notice of Takeover issued by Fagbemi through federal DPP on 29 February 2024 to “take over the prosecution of the case.”
First defence counsel Bode Olanipekun SAN, opened his argument by filing an application seeking to dismiss the case, saying the defendants had already been tried in a similar case before Judge Sodeton Ogunsanya at the Lagos High Court in Ikeja.
But Dada held that the application lacked merit as there was no nexus between it and the subject matter before the court.
The Judge issued several directives ordering continuation of the trial.
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