Lawyer challenges court’s jurisdiction in 14 foreign nationals’ trial

Babajide Koku (SAN), Counsel to the 14 foreign nationals charged with illegal dealing in petroleum products, has told a Federal High Court in Lagos that it had no jurisdiction to try the case.

Koku said the accused were not carrying out any illegal activity on Nigeria’s territorial waters.

He spoke at the resumed hearing of the case in Lagos on Wednesday.

The News Agency of Nigeria reports that the Economic and Financial Crimes Commission had on June 10 arraigned the 14 foreign nationals over alleged illegal dealing in petroleum products.

The accused are: Three Russians – Arthur Pakhladzhian, Vasaliy Shkundich and Kretov Andrey (Russians); Sergio Abgarian (Japanese); and Vitalis Biluos, Laguta Olesksiy and Chepikov Oleksan, all Ukrainians.

Others are seven Britons – Hilarion Teofilo Regipor JR, Cadavis Gerardo, Baduria Benjamin, Naranjo Allian Antero JR, Patro Christian, Alcayde Joel and Carantiquit Michael Bryan.

Three vessels – MT Anukt Emerald, Monjasa DMCC and Glencore Energy UK Limited – are also charged along with the accused.

They are standing trial on a four-count charge bordering on conspiracy, unlawful dealing and storage of petroleum products without lawful authority.

Koku said the accused were carrying out their “activities” within the Exclusive Economic Zone.

He said: “The accused were charged under the Miscellaneous Offences Act, which has no effect within the EEZ where the accused were arrested.

“The Miscellaneous Offences Act, with which the accused were charged, are not operational within the jurisdiction upon which the accused were arrested.

“These are foreign nationals and the Miscellaneous Offences Act cannot apply to them and does not apply within the EEZ because it is outside the sovereignty of Nigeria.”

Koku urged the court to decline jurisdiction and strike out the suit, adding that the fiat of the Attorney General of the Federation was not sought before the accused were brought to court.

The prosecutor, Rotimi Oyedepo, representing the EFCC, however, urged the court to discountenance all the arguments of the accused’s counsel.

Oyedepo said the accused had been arraigned and their plea taken, therefore, if the jurisdiction of the court was being questioned at this stage, it would be considered along with the substantive suit.

He said: “It is late for the accused after taking their plea to challenge the prosecutorial powers of the EFCC.

“The AG does not have the monopoly of prosecuting such matters… the EFCC is vested with the powers to prosecute any economic or criminal matter that occurred on water or land within the country’s territory.”

Oyedepo insisted that the accused committed the offences on February 27 within the court’s jurisdiction.

He alleged that the accused stored 1,500 tonnes of diesel (Automated Gas Oil) inside MT Anuket Emerald’s Cargo tank and also stored 3,035 tonnes of Low Pour Fuel Oil in other tanks.

Oyedepo said the offences contravened Sections 4, 17, 19(6) of the Miscellaneous Offences Act and the Petroleum Act, Laws of the Federation.

Justice Ibrahim Buba, however, adjourned the case to June 18 for ruling on the objection raised.

NAN.