Justice Ibrahim Buba of a Federal High Court, Lagos, on Thursday said the court had the right to hear the case against 14 foreign nationals charged with illegal dealing in petroleum products.
“I thereby dismiss the objection to the application that this court does not have the jurisdiction to adjudicate over this matter.
“This court has jurisdiction to entertain this case; the case is not an abuse of court proceedings and the accused have a case to answer.
“I hereby dismiss the objection and adjourn the case for trial," Buba said.
Justice Ibrahim Buba of a Federal High Court, Lagos, on Thursday said the court had the right to hear the case against 14 foreign nationals charged with illegal dealing in petroleum products.
“I thereby dismiss the objection to the application that this court does not have the jurisdiction to adjudicate over this matter.
“This court has jurisdiction to entertain this case; the case is not an abuse of court proceedings and the accused have a case to answer.
“I hereby dismiss the objection and adjourn the case for trial," Buba said.
The judge also said that the Prosecution– the Economic and Financial Crimes Commission (EFCC),had the powers to institute a case on behalf of the Federal Republic of Nigeria (FRN) in any economic or criminal matter.
“The accused had taken their plea without any objection.
“Besides, the accused were charged under the Miscellaneous Offences Act which the EFCC has powers to institute proceedings on,’’ Buba said.
The EFCC had on June 10 arraigned the foreign nationals over alleged illegal dealing in petroleum products.
The accused are: Three Russians — Arthur Pakhladzhian, Vasaliy Shkundich and Kretov Andrey; Sergio Abgarian (Japanese); and Vitalis Biluos, Laguta Olesksiy and Chepikov Oleksan,– all Ukrainians.
The other seven– Hilarion Teofilo Regipor JR, Cadavis Gerardo, Baduria Benjamin, Naranjo Allian Antero JR, Patro Christian, Alcayde Joel and Carantiquit Micheal Bryan– are all Britons.
The vessels; MT Anukt Emerald, and Monjasa DMCC, and Glencore Energy UK Ltd – are also charged alongside the accused.
The accused are standing trial on a four-count charge bordering on conspiracy, unlawful dealing and storage of petroleum products without lawful authority.
The Counsel to the accused, Mr Babajide Koku (SAN), had argued that the accused were not carrying out any illegal activity on Nigeria’s territorial waters.
He had said the accused were carrying out their “activities’’ within the Exclusive Economic Zone (EEZ).
“The accused were charged under the Miscellaneous Offences Act which has no effect within the EEZ where the accused were arrested.
“The Miscellaneous Offences Act which the accused were charged are not operational within the jurisdiction upon which the accused were arrested.
“These are foreign nationals and the Miscellaneous Offences Act cannot apply to them and does not apply within the EEZ because it is outside the sovereignty of Nigeria," Koku said.
He had urged the court to decline jurisdiction on the matter and strike out the suit against them.
The EFCC Prosecutor, Mr Rotimi Oyedepo, said, “It is late for the accused after taking their plea to challenge the prosecutorial powers of the EFCC.
“The EFCC too is vested with the powers to prosecute any economic or criminal matter that occurred on water or land within the country’s territory,’’ he said.
Oyedepo insisted that the accused committed the offences on Feb. 27 within the court’s jurisdiction.
He said that the accused allegedly stored 1,500 tonnes of diesel (Automated Gas Oil) and 3,035 tonnes of Low Pour Fuel Oil (LPFO) in tanks.
Oyedepo said the offences contravened Sections 4, 17, 19(6) of the Miscellaneous Offences Act and the Petroleum Act, Laws of the Federation.
The case was adjourned till June 19 for trial.
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