Nollywood Movie (Papa Deceive Pikin – Part One)
THE Federal High Court, Abuja Division has stopped both the House of Representatives and the Federal Government from acting on report of the House of Reps’ Ad Hoc Committee on Petroleum Subsidy Regime as it concerns a marketer-Integrated Oil and Gas Limited pending the determination of a case filed by the company.
Judge Gladys Olotu issued the interim order even after counsel to the parties had agreed that their clients would not do anything that would affect the case before the court.
While explaining the implication of the court order to journalists, lead counsel to the Attorney General of the Federation (AGF), Chief Adegboyega Awomolo (SAN) with whom was Damian Dodo (SAN) said: “We have reached a no arrest, no detention, no prosecution, no refund agreement pending the determination of the suit.”
The House of Representatives and the suspended Chairman of the committee, Farouk Lawan were listed as first and second defendants while AGF was 3rd defendant.
The committee had in its report asked Integrated Oil and Gas to refund N13. 2 billion subsidy refunds paid to it by the Federal Government for petroleum products it imported between 2006 and 2011 on the ground that the amount was not sustainable.
Dissatisfied, the firm filed an action through its counsel, Tayo Oyetibo (SAN), praying the court among others to nullify the committee’s report because it was not given fair hearing before the committee came to its conclusion.
It also asked the court to restrain the House of Reps, the AGF, the Economic and Financial Crimes Commission and the Independent Corrupt Practices and other related Offences Commission from acting on the report.
In the interim, the company asked for an order of interlocutory injunction restraining the AGF, EFCC, ICPC and the Inspector General of Police from acting on the report of the Ad Hoc Committee pending the final determination of the case filed by it.
At the hearing of the case, arguments ensued on whether the court could stop the anti-graft agencies from carrying out their statutory duty. At a point, the Judge excused the counsel and gave them twenty minutes to confer and agree on the position to be adopted by the court.
All the counsel consequently agreed that no action would be taken against the company until the court had given final judgment in the case.
Olotu commended the lawyers for their maturity and consequently issued an order based on the agreement stopping the defendants from acting on the report as it affected Integrated Oil and Gas pending the time she would give final judgment.
In an affidavit he deposed to, the Managing Director of the company, Anthony Ihenacho said that his company did not collect any subsidy for petroleum products not imported.
He said: “Up till date, the Applicant does not know how the 1st and 2nd (Ad Hoc Committee and Farouk Lawan). Respondents arrived at their decision that the sum of N13. 2 billion out of the subsidy funds received by his company was not sustainable and therefore not good enough to attract any subsidy.”
He said that the findings of the committee violated the principle of natural justice and should be nullified.
Justice Olotu adjourned further hearing in the matter to October 18th, 2012 after she granted an application for accelerated hearing of the case.
I am not surprise, I don’t know about you ooo
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