Pinnacle and Gas Oil Limited says its owner, Peter Mbah was about 10 years ago prosecuted by the Economic and Financial Crimes Commission (EFCC) over alleged illegal financial dealings and misappropriation of funds but was never indicted by any government panel or court.
The company was reacting to a story published by SaharaReporters over a plan by some Peoples Democratic Party (PDP) leaders in Enugu State to pick Mbah as governorship candidate despite prosecution by the EFCC.
The newspaper reported how the former Commissioner of Finance in the state was charged before Justice Samuel Candide-Johnson of the Lagos State High Court, Igbosere for alleged intention to defraud and obtain by false pretences the sum of N986 million from the Nigerian government.
He was also said to have “requested to obtain payment payable to the Integrated Resources Limited, by the Nigerian government, under the petroleum support fund, in respect of 19.347 million litres of PMS, which they falsely claimed to have purchased from Guinness Petroleum limited.”
The case was however withdrawn by the EFCC a few months later.
The commission’s spokesman, Wilson Uwajuren said the withdrawal which was ‘temporary’ was to firm up and consolidate fresh charges for Mbah and others' re-arraignment in the court.
“The withdrawal of the charges against Pinnacle Oil and Gas Plc and others was deliberate,” Uwajuren had said.
“In the face of fresh evidence, the Commission felt the need to firm up the charges, fully convinced that it is better to consolidate the charges ahead of formal arraignment than to start making amendments thereafter.”
SaharaReporters gathered that the businessman was also indicted by the House of Representatives committee on fuel subsidy, the Ribadu report and the Presidential Committee on fuel subsidy.
Reacting to the publication, Florence Tobi, Corporate Spokesperson for Pinnacle Oil and Gas Limited said “the case is long dead, buried and consigned to the trashcan of history where it rightly belongs.”
Florence added that the company and Mbah have never been parties to any plea bargain in any court of law in Nigeria or anywhere in the world.
The statement read, “The truth is that neither Mr. Peter Mbah, CEO, nor Pinnacle Oil and Gas Limited, has ever been indicted by any government panel or court, or currently facing trial for any alleged criminal offence. Needless to add, the two have never been party to any plea bargain in any court of law in Nigeria or anywhere in the world.
“The truth is that, indeed, 10 years ago, an allegation was made against Mr. Mbah and Pinnacle Oil and Gas which resulted in litigation, in suit number ID/117C/2012, before Hon. Justice Candide-Johnson of the High Court of Lagos State.
“However, when confronted with incontrovertible and conclusive evidence, the prosecution deposed to a sworn affidavit where it averred that it was a case of wrongful charge.
“In an application entitled 'Application for the withdrawal of criminal charge' brought before the court by the EFCC prosecutor, Usani Francis O, Esq, on 26th July, 2012, the EFCC pleaded for “AN ORDER granting leave to the Prosecution to withdraw CHARGE NO. ID/117C/2012 against all the Defendants.
“The EFCC, having established that the Defendants were completely innocent of the charges against them, further supported the application with an affidavit deposed to by its lawyer, Usani Francis O. Esq, with averments which admitted that a mistake was made by the investigation agency in the charge against the 4 defendants.
“In this affidavit, deposed before the High Court of Lagos State on 27th July, 2012 in respect of Charge No. ID/117C/2012, the deponent stated inter alia: That the charges preferred against the defendants, in this case, were misconstrued by the prosecution and were inadvertently filed against the said Defendants. That a review of the prosecution’s case and the evidence available to the prosecution clearly shows that the Defendants did not commit the offences for which they are charged. That withdrawing the charges against the Defendants will meet the interest of justice in this case.
“The trial judge, Hon. Justice Candide-Johnson, based on the prosecutor’s avowals in the sworn affidavit, duly struck out the case. Both the deposed affidavit and His Lordship, Justice Candide-Johnson’s judgment in the matter are public documents, the certified true copies which we plead with truth-seeking Nigerians to apply to access, for the sake of justice and equity. Not doing this will give opportunity to maggots-minded politicians on image immolation escapade to fester in their nefarious game of crucifying anyone who expresses their intention to serve their people. In this instance, it will amount to the crucifixion of a man known all over by those who have had interactions with him, for his purity of mind and fairness in dealings with the other man.
“Why a case that is long dead, buried and consigned to the trashcan of history where it rightly belongs, and for which Mr. Peter Mbah and Pinnacle Oil and Gas came out clean, with their integrity unsullied, would be excavated in the minds of politicians who are afraid of a fair political contest, should bother all men of goodwill.”
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