For seven hours yesterday, the Economic and Financial Crimes Commission (EFCC) grilled the Chairman of Capital Oil, Mr. Ifeanyi Ubah, over alleged N43.291billion fuel subsidy fraud.
He was still undergoing interrogation as of press time.
Ubah was arrested by the operatives of the commission early yesterday.
A source, who spoke in confidence, said: “His company was implicated in the scandal by the Aigboje Aig-Imoukhuede-led 15-man presidential panel, which re-investigated the fuel subsidy bazaar.
“We had earlier invited Ubah for interrogation but when he did not honour the invitation, we decided to arrest him.
“If nothing is found against him or his company, we will set him free. But if he has a case to answer, we will charge him to court.”
Ubah was still undergoing investigation as of 5.05pm.
EFCC spokeman Wilson Uwujaren confirmed Ubah’s arrest. The Special Fraud Unit of the Nigeria Police had in October last year arrested Ubah on a similar allegation.
Based on SFU’s application, a Lagos Magistrate’s Court, remanded the Managing Director, Capital Oil and Gas in custody of Police Special Fraud Unit (SFU), Lagos over the alleged scam. Also charged and remanded with Ubah were Head of Trading, Nsikan Usoro, 35, Depot Manager, Godfrey Okorie, 41, General Manager, Chibuzor Ogbuokiri, 48; and Orji Anayo, 46, Executive Director (Operations).
The case later went to a Federal High Court where Ubah was cleared of indictment by the Aig-Imoukhuede Committee. The coast is now clear for the EFCC to arraign three suspects for alleged N1.4billion fuel subsidy scam.
Justice Olusumbo Goodluck of the Federal Capital Territory High Court in Jabi yesterday gave the EFCC the go-ahead to prosecute Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialised Services Limited.
Uwujaren said: “The judge struck out their (the accused persons’) application asking the court to decline granting the EFCC leave to arraign them for fraud, forgery and conspiracy to obtain the sum of N1.413,507,951.50 from the Federal Government of Nigeria by false pretence as subsidy under the Petroleum Support Fund.
“Justice Goodluck, in her ruling, affirmed that at this stage, there is no requirement to consider facts before the court; what is needed is to determine if a prima facie case against the accused persons is established. “I am of the view that the proof of evidence suggests elements of forgery and obtaining by false pretences and I, therefore, overrule the objection of the accused persons and hereby grant leave to prosecution to prefer charge against them.”
“The accused persons were said to have “on or about 3rd day of March, 2011 at Abuja within the Jurisdiction of the High Court of the Federal Capital Territory, Abuja with intent to defraud, conspired to obtain money under false pretence from the Federal Government of Nigeria under the Petroleum Support Fund”.
“The offence, according to the charge sheet, is contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006.
“They were to be arraigned on November 26, 2012 but this was scuttled as their counsel, Olisa Agbakoba (SAN), who challenged the application of the prosecution seeking the leave of the court to prefer charges against the accused persons.
“He argued that the proof of evidence did not disclose any offence against the suspects and urged the court to refuse the application.
“But, prosecution counsel, Steve Odiase, told the court that the proof of evidence supports the 18-count charge.
“The case has been adjourned to May 30, 2013 for arraignment and June 11 and 12, 2013 for trial.”
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