By Onyewuchi Ojinnaka
The Economic and Financial Crimes Commission (EFCC) on Wednesday, re-arraigned four Directors of Petro Union Oil and Gas Company Ltd, standing trial over alleged fraud to the tune of £2.55 billion.
The defendants who were first arraigned on February 13, 2020 on seven counts charge before Justice Mohammed Liman of the Federal High Court sitting in Lagos, were re-arraigned before same trial judge on Wednesday January 27, following amendment of the charge to 13 counts by the Economic and Financial Crimes Commission.
They had pleaded not guilty to the charges and were granted bails when they were first arraigned and had maintained the same not guilty stance at re-arraignment.
The defendants are Petro Union Oil and Gas Company Ltd, Abayomi Kukoyi; (said to be trading under the name and style of Gladstone Kukoyi and Associates), Prince Kingsley Okpala; Prince Chidi Okpalaeze and Prince Emmanuel Okpalaeze. They were alleged to have committed the said offences between 1994 and 2007.
According to charge No FHC/L/46c 2020 filed by the Anti-graft agency, the defendants fraudulently procured a cheque from a foreign bank in the sum of £ 2.556 billion, under the pretext that it was meant to construct three petrochemical refinery complexes in Nigeria.
They were also alleged to have sometime in April 2007, forged a statement of account in the name of Goldmatic Ltd, which was used to obtain the alleged fraudulent sum.
After their respective pleas, trial continued in the case and the prosecutor, Mr Rotimi Jacobs (SAN) called his fifth witness,(PW5) Mrs Nenandi Usman. a former Minister of State for Finance. She entered the witness box and was sworn on oath.
She introduced herself as a businesswoman adding that between 2003 and 2007 she worked at the Federal Ministry of Finance first as a Minister of State and then as a Minister of Finance.
On her schedule of duty, she told the court among others, that she sent and received emails on behalf of the Ministry as well as represented the Ministry in the Federal Executive Council (FEC).
When asked to tell the court what she knew about the instant case, she told the court that in February 2007, a letter came to the office of the Minister of Finance signed by one Prince Isaac. She said the writer had requested for a mandate to be issued to him to enable him to collect money from Central Bank, adding that the letter was then minuted to the permanent Secretary who in turn minuted same to the appropriate office for action.
According to her, the Ministry’s position on the letter was to remind party that in 1995 there was an amendment to the Foreign Exchange Act, in which such mandate was no longer required.
The prosecutor then laid a proper foundation for tendering of the document before the court. After some objection by defence counsel, the court admitted and marked the document exhibit AA, AB and AC respectively.
Under cross-examination, the witness agreed with defence counsel that all transactions relating to the charge pre-dates her assumption into office.
She also told the court that she does not know any of the defendants in the charge.
Another witness Mr Ojetunde Oluwaseyi, a principal state counsel in the Federal Ministry of Finance, Abuja was called to testify as a prosecution witness (PW6). However, his testimony was cut short by the judge who had other matters to hear for the day. He adjourned the trial till February 3.
The four directors were accused of altering a Barclays bank cheque dated December 29, 1994, in the sum of £2.5 billion, made payable to the Union Bank account of Gladstone Kukoyi & Associates, for purposes of constructing three petrochemical refineries in Nigeria.
They were alleged to have attempted to obtain money by false pretences by demanding the said sum of £2.556 billion from the Union Bank of Nigeria as well as the Central Bank of Nigeria as proceeds of the Barclays Bank Cheque.
According to the EFCC, the offences contravene the provisions of Sections 1(2), 1(2)(a) of the Miscellaneous Offences Act, Law of the Federation of Nigeria, 1990. The offences also contravene the provisions of sections 467(2)(I), 468 and 501of the Criminal Code Act, Laws of the Federation 2004.
