BRILA ENERGY LIMITED V. FEDERAL REPUBLIC OF NIGERIA
(2018) JELR 39519 (CA)
Court of Appeal
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CA/L/658CA/2017
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19 Mar 2018
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Nigeria
Coram
JUMMAI HANNATU SANKEY JCA;
ONYEKACHI AJA OTISI JCA;
JOSEPH EYO EKANEM JCA;
Appearances
Prof. Taiwo Osipitan, SAN with him, Lawal Pedro, SAN, Wale Ilesanmi, Esq., Toyeeb Sanni, Esq., Dayo Okeowo, Esq., Adewunmi Abioye, Esq. and Koyinsola Osipitan, Esq. For Appellant
S.K. Atteh, Esq. with him, K.M.A. Olusesi, Esq. and T.J. Banjo, Esq. For Respondent
Judgement
<p><strong>JUMMAI HANNATU SANKEY, JCA (Delivering the Leading Judgment): </strong>This Appeal is against the Judgment of the High Court of Justice Lagos State in Charge No. ID/196c/2012, delivered on March 16, 2017 by Okunnu, J. Brilla Energy Limited, the Appellant herein and 2nd Defendant at the lower Court, was one of the companies investigated for fraud subsidy on Premium Motor Spirit (PMS) by the Economic and Financial Crimes Commission (the EFCC) based on the Petitions sent to the EFCC by the then Minister of Petroleum Resources, Allison Madueke, and some Civil Society organisations. Rowaye Jubril, the 1st Defendant before the lower Court is the Managing Director and alter ego of the Appellant. At the conclusion of investigation, the Appellant and the 1st Defendant were arraigned for trial on a 13 count Charge for obtaining money by false pretences contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, Forgery contrary to Section 467(2) (k) of the Criminal Code…</p>