The bid of the Economic and Financial Crimes Commission (EFCC) to prosecute Managing Director of Capital Oil and Gas Limited, Patrick Ifeanyi Ubah and his company for alleged involvement in petroleum subsidy fraud was scuppered on Thursday, as a Federal High Court sitting in Abuja overruled the commission’s recent invitation to Ubah and others.
The court also granted the prayers of the plaintiffs for an order restraining the commission, Inspector General of Police (IGP), and Attorney General of the Federation (AGF) from prosecuting Ubah on the matter.
Justice A. Abdul-Kafarati, who made the order of perpetual injunction while ruling on a fundamental rights enforcement suit filed by Ubah and his company, sanctioned their argument and granted four out of their five prayers.
Ubah and his company were arguing on the wrongness of any plan by EFCC, IGP, AGF or any other government agency to prosecute them on the same issue that a Federal High Court (FHC) in Lagos had exonerated them on.
They argued that the Lagos court had issued a judgement on 18th February 2013 in Suit FHC/CS/07/2013 as well as a report by the committee of the Federal House of Representatives that investigated the fuel subsidy fraud.
Similarly, they built their arguments on a letter issued on 12th February 2013 by Police Special Fraud Unit, D Department to the Minister of Finance, which absolved them of any financial or criminal misdemeanour relating to subsidy fraud.
According to Justice Abdul-Kafarati, the February judgment, the House of Representatives’ committee report, and February 2013 Police letter constitute substantial exoneration of the accused from the fuel subsidy fraud allegations brought against them.
