Convicted oil marketer Rowaye Jubril and his firm, Brila Energy, for the second time yesterday approached an Ikeja High Court asking for a stay of execution of its order.
The court had ordered Jubril and the company to refund N963.7 million stolen subsidy money to the Federal Government.
The company had been ordered by Justice Lateefa Okunnu to make restitution of the money, which it fraudulently obtained as subsidy.
They were both found guilty on the 13 counts bordering on conspiracy, obtaining money by false pretence, forgery and use of false documents.
Jubril was sentenced to 10 years on the first count and eight years for counts two to 13.
Justice Okunnu, on June 14, struck out an application filed by Jubril, through his lawyer, Lawal Pedro (SAN), seeking stay of the order that his company make restitution to the Federal Government to the tune of N963.7 million.
The judge had held that “an order of stay of execution of a judgment must be based on a valid appeal” and that “it is only on that basis that a judgment cannot be executed until disposal of an appeal”.
However yesterday, the convicts were back in court asking the court for a stay of proceedings regarding the monetary part of the judgment.
Pedro in a 20-paragraph affidavit in support of his prayer pleaded with the court to restrain the respondents, the Economic and Financial Crimes Commission (EFCC), from enforcing the monetary aspect of the verdict.
“I appeal to the court to stay execution pending the outcome of an Appeal. If the monetary judgment is enforced that would be the end of the second defendant applicant (Brila Energy), as it would not be able to enforce its constitutional right of appeal anymore,” Pedro said.
EFCC counsel Seidu Atteh opposed the application.
The Judge consequently adjourned the matter till October 4 for ruling.
Jubril and the company had falsely claimed that they imported 13,500 metric tonnes of Premium Motor Spirit and received N963.7 million from the Federal Government.
The convicts fraudulently obtained the money under the Federal Government’s Petroleum Support Fund between October 2010 and May 2012.
According to the anti-graft agency, Jubril and his company acted contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.
They were also said to have contravened Sections 467 and 468 of the Criminal Code Laws of Lagos State 2003.
