$1.6Bn Oil Fraud: Court discharges, acquits Omokore, coy

By Vivian Okejeme, Abuja

The seven years legal traverse of an oil magnate and chairman of Atlantic Energy Drilling Concepts Nigeria Ltd, Mr Jide Omokore, who was accused of fraud and money laundering allegations, has ended as Justice Nnamdi Dimgba declared him discharged and acquitted.

The Economic and Financial Crimes Commission (EFCC) was before Federal High Court, Abuja, alleging that Omokore, diverted over $1.6 billion belonging to the federal government under the guise of oil swap.

Justice Dimgba, in his judgement held that the prosecution agency failed to prove the ingredients of the charge and consequently discharged them from all the charge.

According to the court, the issues between the government and the defendants is “a relationship which has gone bad”.

The change sheet posited that the defendants under false pretense obtained crude oil from the government when they never had the required funds or expertise to execute the said agreement between them and the federal government.

Breaking down the 15 countcharge, which fall into four aspects, had obtain by false pretense; conspiracy to obtain by false pretense, money laundering and taking possession of proceeds of money laundering.

In his judgment, Justice Dimgba stated that after a careful analysis of both oral and documentary evidence before him, there was no evidence that the 1st to 3rd defendants obtained by false pretense the said oil swap deal from the federal government.

The court held that the testimony of one of the witnesses, a former Group Managing Director (GMD) of the Nigerian Petroleum Corporation (NNPC), Andrew Yakubu revealed that the agreement between the 1st to 3rd defendants was legally filed and entered into by the parties.

Justice Dimgba, while stating that his findings showed there was a formal procedure followed by the defendants in the lifting and subsequent sale of crude oil to third party, pointed out that the agreements were not procured by fraud or any other unlawful means.

On the issue of competence and capacity, the judge noted that the defendants demonstrated that they had the expertise and the wherewithal to procure crude oil from the NNPC, process same and deliver the monetary equivalent of 5,652,227 barrels of crude oil.

While stressing that the burden of proof is on the prosecution, Dimgba held that the 1st to 3rd defendants did not strike him as a person with fraudulent intent because claim of the 1st defendant that he committed all his resources to executing the agreements were not challenged by the prosecution.

The judge said, “I find it difficult to see how the 1st to 3rd defendants acted fraudulently “, adding that Yakubu, in his evidence stated that the federal government entered the agreements to “consolidate on the gains achieved from previous agreements”.

Just Dimgba accordingly discharged Omokore on counts 1 to 3 on grounds that the prosecution failed to discharge the burden of proof in relation to the said counts.

On the issue of conspiracy, the court held that there was nothing before it to show that the defendants conspired to carry out the agreements in an unlawful manner because the agreements were lawfully and legally entered into by the parties.

Similarly , the court discharged the defendants on the issue of money laundering on the grounds that the contract was a lawful one and as such monies generated from it cannot be regarded as proceeds of unlawful activities.

Meanwhile, 4th and 5th defendants; Victor Briggs and Abiye Membere, were found guilty of collecting gifts from Omokore contrary to the laws guiding conduct of public servants.

Although, the court had discharged them in the counts 10 and 11 relating to them on the grounds that the money used to purchase the cars gifted them were not from proceed of fraud and money laundering, the court however held that they violated Section 98 of the Criminal Code which forbids public servants from receiving gifts from companies or individuals dealing with their office.

Having found Briggs and Membere guilty of what he described as a lesser offense, Justice Dimgba, subsequently adjourned to Wednesday for allocutus and subsequent sentencing.

By Lateef Ibrahim, Abuja

Presidential candidate of Peoples Democratic Party (PDP), Alhaji Atiku Abubakar has revealed that part of the measures he will adopt to ensure that peace returns to Benue state, if he is elected as the next President of Nigeria, is to make sure that the Fulanis and Tivs in Benue State sign peace accord.

Atiku made the pledge on Monday in Makurdi, the Benue State capital, while addressing party supporters at the PDP Presidential Campaign Rally.

The former Vice President of Nigeria between 1999 and 2007, equally assured that he will bring insecurity to an end and ensure that there is peaceful coexistence between Fulani and Tiv communities in the state.

He promised that he will ensure that people go to their farms, freely, without fear of loosing their lives as well as make Benue state truly the food basket of the nation.

According to the PDP presidential flag bearer, “The umbrella of Tiv people all over the world, I promise you, if you elect me as your president, just like I did in 2001, when I came to Benue and made the Fulanis to sign a peace accord with their brother Tivs, I will come and make sure peace returns to Benue State. “Benue state is the food basket of this country. Today, our farmers in Benue do not go to farm again because of insecurity. I