Court Orders Oil Marketer to Pay FG N963.7m

An Ikeja High Court yesterday struck out an application filed by an oil marketer, Rowaye Jubril, seeking to stay execution of the judgement of the court compelling his company to refund N963.7 million oil subsidy money to the federal government.

Justice Lateefa Okunnu threw out the Jubril’s application on the grounds that there was no valid order of stay of execution on her judgement

The judge in her ruling on the application however 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 (1st defendant) 10 years in a N754 million subsidy fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).

The court also convicted Jubril’s company, , Brila Energy Limited which was the 2nd defendant in the matter.

But the defendant, through his counsel, Mr. Lawal Pedro (SAN) had in an application dated May 16, 2017 sought an order of the court for stay of execution of the monetary part of the judgement pending determination of the appeal filed by the defendants/applicant.

Jubril had also requested the court for an order of 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.

However, the EFCC, in its counter affidavit filed through its counsel, Mr. Seidu Atteh had urged the court to dismiss the application on the ground 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.

Justice Okunnu ruled that an order of stay of execution of a judgement must be based on a valid appea, adding that it is only on that basis that a judgement cannot be executed until disposal of an appeal.