A prosecution witness, Mr. Emefun Etudo, on Tuesday told an Ikeja Special Offences Court how a Charter Party Agreement exposed alleged theft of $8.4m diesel oil by a foreign firm and five others.
The firm, Trafigura Beheer BV, Trafigura PTE Ltd, and their Nigerian associates – Mettle Energy and Gas, Renbrandt Ltd. and Jil Engineering and Oil Services Ltd — are facing three counts of conspiracy, stealing and receiving stolen property.
Etudo, an Economic and Financial Crimes Commission witness, made the revelation at the continuation of his cross-examination by Mr. Bode Olanipekun (SAN), the defence counsel for Trafigura Beheer BV, Trafigura PTE Ltd.
He said the CPA exposed the alleged fraud perpetuated by the two oil marketers, Osahon Asemota and Yusuf Kwande, who were the Nigerian associates of the international oil company.
While responding to questions from Olanipekun, the prosecution witness narrated how Asemota and Kwande, two of the defendants, diverted 10,000 metric tonnes of diesel oil belonging to the complainant, Nadabo Energy Ltd., to their personal use.
He said: “Exhibit P12, the Charter Party Agreement of Sichem Provece is what exposed the fraud of the defendants.
“It revealed that loading point of the vessel MT Benito was offshore Apapa, Lagos and not offshore Cotonou, as they made us believe.
“The document further revealed that the Contract 179041 between Trafigura and Redbrandt was a pretence, a fraud and not a contract as Nadabo Energy was made to believe.
“The Charter Party Agreement was to carry out contract marked 179041 but the exercise was a sham.
Etudo said that Kwande, one of the defendants, had, in 2009, repeatedly revealed to the EFCC how the cargo containing the AGO was allegedly stolen by himself and his co-defendants.
“Kwande said it to my hearing and he also said it in his written statements” Etudo said.
The EFCC, in the charges, accused the defendants of fraudulently converting the diesel oil at the office of Trafigura Beheer BV located at 20A Sinaro Daranijo Street, off Ligali Ayorinde Street, Victoria Island, Lagos.
According to EFCC lead prosecution counsel, Mr. Rotimi Jacobs, the defendants committed the offences of stealing between October 22, 2008 and December 15, 2008.
Jacobs said the stolen diesel oil, worth $8.4m, was the property of Nadabo Energy Limited and was kept in the legal custody of the now defunct Spring Bank, Victoria Island.
He noted that the offences contravened Sections 383(1), 427 and 516 of the Criminal Code of 2004.
Justice Mojisola Dada adjourned the case until December 13 for continuation of trial, following Etudo’s evidence.
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The firm, Trafigura Beheer BV, Trafigura PTE Ltd, and their Nigerian associates – Mettle Energy and Gas, Renbrandt Ltd. and Jil Engineering and Oil Services Ltd — are facing three counts of conspiracy, stealing and receiving stolen property.
Etudo, an Economic and Financial Crimes Commission witness, made the revelation at the continuation of his cross-examination by Mr. Bode Olanipekun (SAN), the defence counsel for Trafigura Beheer BV, Trafigura PTE Ltd.
He said the CPA exposed the alleged fraud perpetuated by the two oil marketers, Osahon Asemota and Yusuf Kwande, who were the Nigerian associates of the international oil company.
While responding to questions from Olanipekun, the prosecution witness narrated how Asemota and Kwande, two of the defendants, diverted 10,000 metric tonnes of diesel oil belonging to the complainant, Nadabo Energy Ltd., to their personal use.
He said: “Exhibit P12, the Charter Party Agreement of Sichem Provece is what exposed the fraud of the defendants.
“It revealed that loading point of the vessel MT Benito was offshore Apapa, Lagos and not offshore Cotonou, as they made us believe.
“The document further revealed that the Contract 179041 between Trafigura and Redbrandt was a pretence, a fraud and not a contract as Nadabo Energy was made to believe.
“The Charter Party Agreement was to carry out contract marked 179041 but the exercise was a sham.
Etudo said that Kwande, one of the defendants, had, in 2009, repeatedly revealed to the EFCC how the cargo containing the AGO was allegedly stolen by himself and his co-defendants.
“Kwande said it to my hearing and he also said it in his written statements” Etudo said.
The EFCC, in the charges, accused the defendants of fraudulently converting the diesel oil at the office of Trafigura Beheer BV located at 20A Sinaro Daranijo Street, off Ligali Ayorinde Street, Victoria Island, Lagos.
According to EFCC lead prosecution counsel, Mr. Rotimi Jacobs, the defendants committed the offences of stealing between October 22, 2008 and December 15, 2008.
Jacobs said the stolen diesel oil, worth $8.4m, was the property of Nadabo Energy Limited and was kept in the legal custody of the now defunct Spring Bank, Victoria Island.
He noted that the offences contravened Sections 383(1), 427 and 516 of the Criminal Code of 2004.
Justice Mojisola Dada adjourned the case until December 13 for continuation of trial, following Etudo’s evidence.
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