Admin l Wednesday, June 14, 2017
IKEJA, Lagos, Nigeria – Justice Lateefa Okunnu of an Ikeja High Court today insisted that oil Brila Energy, owned by oil marketer, Rowaye Jubril must pay N963.7 million to the government of Nigeria.
The oil marketer had filed an order, seeking to stay execution of the judgement of the court compelling his company to refund N963.7 million, being money illegally collected from government as payment for oil subsidy.
In a ruling, Justice Latifa Okunnu struck out the motion and insisted that Jubril’s company, Brila Energy Limited must pay restitution to tune of N963,796,199.85 to the federal government.
Justice Okunnu had in a judgement delivered March 16 convicted and jailed Rowaye Jubril (first defendant) 10 years in a N754 million subsidy fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
He was convicted alongside his company, Brila Energy Limited which was the second defendant in the matter.
Jubril, through his counsel, Lawal Pedro (SAN) had in an application dated May 16, 2017 prayed for an order for stay of execution of the monetary part of the judgement pending determination of the appeal filed by the defendants/applicant.
He had also sought an interlocutory injunction restraining the respondents from taking any step to enforce the judgement of the court.
The applicant, in a 16 paragraph affidavit, said the notice of appeal filed in court contained arguable grounds of appeal and raises substantial questions of law challenging the judgement of the court and the sentence directing the second defendant to refund N963,796.85 to the federal government.
The EFCC, in its counter affidavit filed through its counsel, Mr Seidu Atteh had urged the court to refuse the application of the applicant.
Atteh argued that the applicant has not placed any material before the court to warrant granting of their request for a stay of the judgement delivered March 16. But Justice Okunnu held that an order of stay of execution of a judgement must be based on valid appeal and that it is only on that basis that a judgement cannot be executed until disposal of an appeal.
She said there was nothing before the court to show that the second defendant, Brila Energy Limited filed the notice of appeal, noting that the appeal was filed by Jubril, the first defendant.
