A Federal High Court in Abuja on Thursday issued an order of perpetual injunction restraining the Economic and Financial Crimes Commission, (EFCC), from prosecuting Ifeanyi Uba over his alleged complicity in petroleum subsidy fraud. Justice Abdul Kafarati, who delivered the judgment in a fundamental rights enforcement suit brought by Mr Uba, Managing Director of Capital Oil and Gas, faulted EFCC’s recent invitation to the applicant.
Mr Uba had among other prayers contended that it was wrong for the EFCC, Inspector General of Police (IGP), Attorney General of the Federation (AGF) or any other agency of the government to want to prosecute him or his company over the same issue on which both a report by the House of Representatives committee which investigated the fuel subsidy fraud and a Federal High Court in Lagos had exonerated them in its judgement of February 18, 2013. Uba also relied on a letter dated February 12, 2013 written by the Police Special Fraud Unit, D Department to the Minister of Finance, clearing him and his company of any criminal complicity in the allegation of subsidy scam made against them.
Justice Kafarati held that a combination of the ruling of the Lagos High Court on the matter, the report of the House of Representatives’ committee on the subsidy scam and the letter from the Police Special Fraud unit “collectively tantamount to a complete and final exoneration of any criminal offence with regard to application for receipt of subsidy payment under the Federal Government of Nigeria Petroleum Support Fund , PSF, scheme.”
The Judge therefore r barred the IGP, the AGF and the Minister of Justice, Mohammed Bello Adoke, SAN, from taking any step towards prosecuting the applicants.