JUMMAI HANNATU SANKEY. J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Lagos State in Charge No. ID/196c/2012, delivered on March 16, 2017 by Okunnu, J.
Brila Energy Limited, the 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. The Appellant, as the 1st Defendant before the lower Court, is the Managing Director and the alter ego of the 2nd Defendant. At the conclusion of investigation, the Appellant and Brila Energy Limited 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 Cap.C17, Law…