A Federal High Court, Ikoyi, Lagos was on Thursday told that the reason why the oil magnet, Dr. Patrick Ifeanyi Ubah, is detained by the Department of State Security (DSS) is because he committed economic sabotage.
The Nigerian National Petroleum Corporation (NNPC), through its lawyer, Mr. K. T. Turaki, told Justice Mohammed Idris that Dr. Ubah diverted petroleum products kept in his custody.
He stated this while urging the court to strike out the Motion on Notice filed by Ubah seeking orders for his release from the custody of the DSS.
Turaki (SAN) while arguing his clients’ counter affidavit to Ubah’s originating Motion and Preliminary Objection to the Motion, averred that the Corporation has in the past two years been subjected to various investigations, particularly the issue of fuel diversion, adding that NNPC has a duty to inform the Investigating agencies where the fuels were kept. And that it is left for them to find out what happened to the fuel.
On the tripartite argument by the plaintiff, the respondents said even if the agreement existed, the position is that a crime has been committed by the diversion of the products, and stated that the law is that no party in an agreement has the right to decriminalized the criminal act.
Turaki also submitted that the security agencies have inherent power under the constitution to investigate economic crimes, of which diversion of petroleum product is one of them.
In challenging the court’s jurisdiction to hear the matter, the NNPC’s lawyer stated that all the alleged Infringements committed by the plaintiff took place in Abuja and not in Lagos. He therefore urged the court to decline jurisdiction on the matter and strike out the applicant’s application.
Also, the DSS, through its lawyer, Mr. Peter Okerinmade, also urged the court to dismiss the plantiff’s application on the ground that it lack jurisdiction to entertain the suit.
Okerinmodu while adopting the Department’s counter affidavit and Preliminary Objection, Ubah’s Motion is aimed to fraustrate the ongoing investigation on the allegation made against him by the NNPC.
Furthermore, the Economic and Financial Crimes Commission (EFCC) through its lawyer, A. M. Ocholi, argued that going through the affidavit filed by the applicant, there was nowhere it’s alleged of any breach of the applicant rights by the Commission.
He equally urged the court to dismiss the suit.
However, Ubah’s lawyer, Mrs. Isioma Esom, while arguing her client’s motion on notice told the court to discountenance all the objections raised by the respondents, stating that her client’s originating summon was brought under Order 2, Rule of the the court and it was supported with 103 paragraphs affidavit deposed to by one George Oranuba, Company Secretary of Capital Oil and Gas.
Esom told the court that the only reason why her client (Ubah) is being harassed by the first to sixth respondents is on the allegation that he is indebted to the Nigerian National Petroleum Corporation (NNPC).
Ubah’s lawyer also informed the court that the said debt arose from a contract, which she said should have nothing with criminal offence.
She also told the court that the NNPC is currently owing her client’s firm, Capital Oil and Gas Limited the sum of N10 billion and $8 million USD, and her client never report to any security agency.
Esom also informed the court that her client was arrested on two occasions in Lagos and kept at the Shangisha’s custody of DSS before being transferred to Abuja.
She therefore urged the court to grant his client’s application, by order the DSS to release him unconditionally. Or in alternative, to admit him to bail, pending the conclusion of the matter.
Justice Mohammed thereafter adjourned till May 25, 2017 for ruling.
The applicant, Ubah had approached the court for an order compelling DSS to release him unconditionally.
Those dragged before the court by the businessman as respondents are the Attorney-General of the Federation (AGF), the EFCC and its chairman, the Department of State Security and its director general, Inspector-General of Police (IGP), Nigerian National Petroleum Corporation (NNPC), NNPC Retail Limited, and Asset Management Corporation of Nigeria (AMCON).