February 07, (THEWILL) – A Federal High Court sitting in Abuja has discharged and acquitted Jide Omokore, Chairman of Atlantic Energy Drilling Concept Nigeria limited of fraud, money laundering and conspiracy allegations.
Justice Nnamdi Dimgba held that the EFCC failed to prove that Omokore and his company falsely represented themselves as having the required technical and financial competence to carry out the SAAs in Atlantic 5.
Omokore was arraigned by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge.
They were alleged to have fraudulently diverted about $1.6bn alleged to be part of proceeds of sales of petroleum products belonging to the Federal Government.
Omokore is the first defendant in the matter while Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Limited are the second and third defendants.
Delivering judgment in the suit on Tuesday, Nnamdi Dimgba, the presiding judge, held that the EFCC failed to prove its case against the first to the third defendants.
On the first three counts, the anti-graft Commission had alleged that the first three defendants made false representations in order to get into an agreement to carry out a project for Nigerian National Petroleum Corporation (NNPC) and the Nigerian Petroleum Development Company Ltd (NPDC).
However, the judge held that the EFCC failed to prove that the three defendants falsely represented themselves as having the required technical and financial competence to carry out the project.
On financial capacity, the judge held that the EFCC ought to have shown that the three defendants had bad creditworthiness as opposed to making a conclusion from their account balance.
The judge agreed with the testimony given by the first prosecution witness, Andrew Yakubu, former Group Managing Director of the NNPC, that the defendants were awarded the project because NNPC had previously recorded “remarkable success and value addition” while working with them.
On the counts relating to “fraudulent intent,” the judge held that “the 1-3 defendants do not strike me as persons with fraudulent intents.
“Section 1 of the advance fee fraud act, there must be essential ingredients of pretence. The EFCC can not choose what to believe, the Federal Government had seen the capacity of Mr Omokore concerning the various contracts that were successful.
“What the party has is a continuation of the ‘sweet honeymoon’, which started a long time ago. Mr Omokore and his company have executed various agreements in various SAAs, that of Atlantic 5 was no different
“Debts are a key part of corporate dealings, the EFCC failed to prove that Mr Omokore and his companies lacked the financial resources to carry out the contract.
“There is no evidence to show that Mr Omokore had any intention of committing fraud or inducing the NNPC or NPDC. The act of Mr Omokore lifting and selling crude oil was carried out under lawful sanctions,” the court declared.
Justice Dimgba, however, convicted the fourth and fifth defendants, Victor Briggs and Abiye Membere, for receiving car gifts from Atlantic Energy while they were still public officers.
The offence contravenes section 98 of the Criminal Code Act.
The judge added that all public officials must act at arm’s length with private individuals, especially those that have business relations with their departments or agencies.
“They were staff of the NNPC and NDPC. The circumstances at work in which they received the car gift were unethical and are in breach of section 98 of the criminal code,” the court held.
The court ordered that the fourth and fifth defendants should be kept in the custody of the EFCC pending their sentencing on Wednesday.
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