Court to hear motion for arrest of oil marketer, Chima Anyaso over N2.06bn fraud

A Federal High Court, Lagos, on Friday, adjourned for hearing of a motion on notice for the arrest of an Independent Oil Marketer, Chima Anyaso, over his failure to answer charges of forgery and fraud of N2.066, 400 billion.

The Attorney-General of the Federal (AGF) had filed the application following persistent failure of the Oil Marketer to appear in court.

AGF had sometimes last year filed a three-count charge against the oil Marketer and his company, Ceecon Energy Oil and Gas Limited, of alleged forgery and N2. 066, 400 billion fraud.

In the charge against the defendants, AGF in charge marked FHC/L/332c/18, alleged that Chima Anyaso of 16, Babatunde Dabiri Street, Lekki phase 1 and his company’s  Cooperate office located at third floor of Worth Plaza, of Olaza 307, Suit 301, Adeola Odeku Street, Victoria Island, Lagos, was alleged to have committed the offence on or about February 21, 2011.

The defendants were also alleged to have forged a letter head paper of Total Nigeria Limited, captioned ‘offer to sale dated February 21, 2011, with reference number AAC/CSO/OPS/, which he falsely presented to Guaranty Trust Bank (GTB), to obtained credit facility in the sum of N2,066, 400, 000 billion, for delivery of 15 metric tonnes of Aviation Turbine kerosene (ATK).

AGF also accused the oil marketer of forging another letter head paper of Total Nigeria Limited with reference number FEB/yjo.FIN22.11, dated February 22, 2011, which he presented to GTB for the payment of N2,066,400 billion, for   supply of 15 metric tonnes of ATK.

The AGF also alleged that the oil marketer fraudulently obtained the said sum from GTB as credit facility.

The offences according to the prosecutor,  Ajakaiye, a deputy director in the AGF’s office are contrary to and punishable sections 2(1)(c) and section 1(1)(a) of Advance Fee Fraud and other related offences, Cap. A6 Laws of the Federation of Nigeria, 2004.

Prior to the hearing of the matter, the prosecutor, Mr. Ajakaiye had informed the court of failure of the defendants having been evading services of the charge.

He therefore asked the court to grant a motion exparte for substituted service of the charge on the defendants, which was granted. 

In granting the prosecutor’s request, the presiding judge, Justice Ayotunde Faji ordered that the charge sheet be pasted at the last known addresses of the oil marketer and his company.

However, following the failure of the defendants to appear in court despite being served by substituted service, the prosecutor, Mr. Ajakaiye, informed the court of a motion on notice for the arrest warrant against the defendants. Though, he asked the court for an adjournment to enable him served the defendants.

At the resumed hearing of the matter Friday, the prosecutor, Mr. Ajakaiye, told the court that the processes served on the defendants’ counsel by the court’s bailiff were not the motion on notice for the defendants’ arrest warrant.

Ajakaiye told the court that upon discovery of the mistake on service, he had served the defendants’ counsel with the motion in the court.

He therefore urged the court for a short date for the hearing of the motion of the arrest warrant against the oil marketer.

Responding. E. O. Okeimesiem and O. A. Egbu, counsel to the defendants respectively, admitted being served with the motion in the open court. And told the court that they needed time to file their responses.

Even as at that, the presiding judge, Justice Faji, counselled the defendants’ counsel to advice their clients to appear in court in order to guide again the issuance of a bench warrant against him. 

The  judge equally asked the prosecutor why filing the motion on notice instead of otherwise.

Ajakaiye said he did that to ensure that the defendants do not have  any excuse of not being well notified on the charge.

Consequently, Justice Faji adjourned the matter, for hearing of motion on notice on the warrant of arrest against the oil marketer and his company.

Count one of the charge against the defendants reads: “That you Mr. Chima Anayso, Male of 16 Babatunde Dabiri Street Lekki Phase 1, Lagos, Ceecon Energy Oil & Gas Limited, of Olaza 307/ Suite 301, 3rd Floor Right Wing Wright Plaza, Adeola Odeku Street, Victoria Island, Lagos on or about the 22nd of February, 2011 at Lagos state, under the Jurisdiction of this court did utter a false document to wit: Letter Of Offer For Sale dated 21st February, 2011 with Ref No. AAC/CSO/OPS on the letter Head of Total Nigeria Plc, with intent that Guaranty Trust Bank may belief it is genuine, be induced to believe that you have the offer of sale for delivery of Aviation Turbine kerosene (ATK) 15,000Metric Tonnes (+/-5percent) product and You thereby committed an offence contrary to Section 1(2)( 0) of the Miscellaneous Offences Act, Cap M17 laws of the Federation of Nigeria 2004 and punishable under the same section of the Act.

Count two reads: “That you Chima Anyaso, Male of 16 Babatunde Dabiri Street, Lekki Phase 1, Lagos, Ceecon Energy Oil and Gas Limited of Olaza 307/Suite 301, 3rd Floor Right Wing Worth Plaza, Adeola Odeku Street, Victoria Island, Lagos on or about the 22nd of February, 2011, at Lagos State, under the Jurisdiction of this court did utter a false document to wit: RE; Payment of Supply of 15,000 MT 0F Aviation Turbine kerosene (ATK) REF AAC/CSO/OPS Ref No: Feb/yjoFlN.’22.11 dated February 22, 2011 on the Letter Head of Total Nigeria Plc, with intent mm Guaranty Trust Bank may belief it is genuine, be induced to ‘granting credit facility to the tune of N2,066,400,000.00 and you thereby committed an offence contrary to Section 1(2)(c)of the Miscellaneous Offences Act, “Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under the same Section of the Act”.

And count three reads: “That you Mr. Chima Anyaso, male of 16 Babatunde Dabiri, Street Lekki Phase 1 Lagos, Ceecon Energy Oil and Gas Limited of Plaza 307/Suite 301, 3rd Floor, Right Wing Worth Plaza, Adeola Odeku Street, Victoria Island, Lagos, sometimes in 2011 at Lagos State under the Jurisdiction of this court did by false pretence and with intent to defraud & obtained from Guaranty Trust Bank a credit facility to the tune of N2,066, 400,000.00 and you thereby committed an offence contrary to Section 1(1)(a) Advance Fee Fraud and other Related Offences Act, Cap A6 Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act”.

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