Rowaye Jubril, a convicted oil marketer, on Monday asked an Ikeja, Lagos State High Court to stay the execution of a judgment ordering a refund of N963.7 million funds stolen in an oil subsidy scam to the Federal Government.
Justice Lateefa Okunnu, on March 16, sentenced Jubril to 10 years in prison and ordered his company, Brila Energy, to refund N963.7 million illicitly acquired subsidy funds to the Federal Government.
Okunnu was found guilty on a 13-count charge bordering on conspiracy, obtaining money by false pretences, forgery and use of false documents.
During Monday’s proceedings, Jubril’s counsel, Lawal Pedro (SAN), in an application supported by a 20-paragraph affidavit, asked the court for a stay of execution of the part of the judgment ordering the refund of the funds to the government, pending the outcome of an appeal before the appellate court.
He also requested that the Economic and Financial Crimes Commission should be restrained by the court in enforcing the monetary aspect of the judgment.
Pedro said: “I appeal to the court to stay execution pending the outcome of an appeal.
“If the monetary judgement is enforced, that would be the end of the second defendant applicant (Brila Energy).
“The second defendant would not be able to enforce its constitutional right of appeal anymore.”
The EFCC, through its counsel, S. A. Atteh, however, opposed Pedro’s application to stay the execution of the court judgment.
Justice Okunnu adjourned the case until October 4 for ruling.
Jubril and Brila Energy had falsely claimed importing 13,500 metric tonnes of Premium Motor Spirit into the country and received N963.7 million from the Federal Government for the PMS.
The convict and his company had obtained the money under the Federal Government’s Petroleum Support Fund between October 2010 and May 2012.
According to the anti-graft agency, Jubril and his company acted in violation of Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006 and Sections 467 and 468 of the Criminal Code Laws of Lagos State 2003.