Groups urge AGF to expedite alleged $8.4m diesel theft trial

Two rights groups, the Centre Against Injustice and Domestic Violence (CAIDOV) and Advocate for Social Justice and Defence of Rule of Law, have called on the Attorney-General of the Federation (AGF), Lateef Fagbemi, to allow the judiciary to decide the criminal trial of two foreign oil companies, Trafigura Beheer BV and Trafigura PTE Limited.

The firms are accused of stealing $8.4 million worth of Automotive Gas Oil (AGO) belonging to Nadabo Energy Limited.

The groups also suggested that Fagbemi consider an out-of-court settlement between the oil firms and Nadabo Energy Limited to resolve the matter amicably.

Speaking in Lagos, the conveners, Mr Gbenga Soloki and Mr Niyi Adekanla expressed concerns over the protracted delay in the case, particularly since the Director of Public Prosecution of the Federation (DPP), M. A. Abubakar, wrote to the court expressing the AGF’s intention to take over the prosecution.

The defendants in the case include Trafigura Beheer BV, Trafigura PTE Limited, Osahon Asemota, Yusuf Kwande, Mettle Energy and Gas, Rembrandt Limited, and Jil Engineering and Oil Services Limited.

They face charges of conspiracy, theft, and receiving stolen property before Justice Mojisola Dada of a Lagos Special Offences and Domestic Violence Court.

The allegations centre on the theft of 6.4 metric tonnes of diesel worth $8.4 million, said to belong to Nadabo Energy Limited, in October 2008. The case, filed by the Police Special Fraud Unit (SFU), has faced significant delays, including the February 29, 2024, letter from the DPP that disrupted proceedings.

So far, the prosecution has presented 17 witnesses before closing its case, while the defendants have called four witnesses in their defence.

According to CAIDOV, the delays contradict the principles of the Administration of Criminal Justice Act, which emphasises swift justice delivery.

While acknowledging the AGF’s constitutional power under Section 174 of the 1999 Constitution to take over cases, the groups noted that such authority must be exercised with regard to public interest, justice, and the prevention of legal process abuse.

“It is a known fact that the Attorney-General is regarded as a ‘lord unto himself’ in legal parlance. However, his actions must align with public interest and objective prohibitions,” they stated.

They called on the AGF to either fast-track the trial or explore alternative dispute resolution to prevent further delays.