A former President of the Nigerian Bar Association (NBA), Joseph B. Daudu (SAN), has asked the Lagos State High Court in Ikeja to reject efforts by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), to discontinue a high-profile criminal trial involving Trafigura Beheer BV and Trafigura PTE Limited.
Daudu, representing Nadabo Energy Limited—the nominal complainant in the matter—argued before Justice Mojisola Dada that the AGF’s Notice of Discontinuance was unconstitutional. He emphasized that the case was initiated under Lagos State law, not federal law, and therefore falls within the exclusive jurisdiction of the Lagos State Attorney General.
He described the AGF’s move—executed through the Office of the Director of Public Prosecutions of the Federation—as an affront to the constitutional powers of the Lagos State Attorney General under Section 211 of the 1999 Constitution.
The defendants—Trafigura Beheer BV, Trafigura PTE Limited, Yusuf Kwande, Mettle Energy and Gas, Rembrandt Limited, Osahon Asemota, and Jil Engineering and Oil Services Limited—were charged with three counts under Charge No. ID/7980c/2018. The case was brought under the Criminal Code Law of Lagos State, Cap. C17, 2003.
The charges stem from allegations by the Police Special Fraud Unit (SFU) that the defendants stole Automotive Gas Oil (AGO) valued at approximately $8.44 million from Nadabo Energy Limited. All defendants pleaded not guilty.
During the course of the trial, the prosecution, led by Rotimi Jacobs (SAN), presented 17 witnesses. After the prosecution closed its case, the defence filed a no-case submission, which was dismissed by the court. The court then ordered the defendants to open their defence.
Rather than proceed with their defence, Trafigura Beheer BV and Trafigura PTE Limited petitioned the AGF, requesting the case be discontinued.
Following that petition, the AGF filed a Notice of Discontinuance, which led to the discharge of the defendants by the trial court. Daudu has now asked the court to reverse that discharge and strike out the AGF’s notice on constitutional grounds.
