Court gavel
Justice S. S. Ogunsanya of the Lagos State High Court sitting in Ikeja, Lagos, on Thursday, June 25, 2026, adjourned proceedings in the ongoing trial of Abubakar Ali Peters and Nadabo Energy Limited for a ruling on a motion challenging an amended charge filed by the prosecution.
At the resumed hearing defence counsel, E. O. Isiramen, informed the court that the matter was scheduled for the adoption of the defendants’ no-case submission.
However, he drew the court’s attention to a motion on notice filed by the defence challenging the prosecution’s First Amended Information, filed on May 15, 2026.
Isiramen urged the court to refuse, dismiss, and strike out the amended information, contending that the application was filed after the defendants had already submitted their no-case submission.
He further prayed the court to direct that the hearing and determination of the case be based strictly on the original information dated February 12, 2015, and filed on February 16, 2015.
According to him, the motion, dated May 18, 2026, is supported by an 18-paragraph affidavit and a written address. Adopting his arguments, he submitted that the prosecution’s amendment was substantial and introduced significant changes to the case.
“The amendment is fundamental and amounts to overreaching the defendants. The amount allegedly involved was altered, new names were introduced, and several aspects of the information were changed.
The prosecution had ample opportunity to amend the charge earlier, and has already called eight witnesses,” he argued.
He therefore urged the court to grant the application and strike out the amended information.
In opposition, prosecution counsel, Seidu Atteh, informed the court that the prosecution had filed an eight-paragraph counter-affidavit dated June 25, 2026, along with a written address in support of the counter-affidavit opposing the defendants’ motion seeking an order of the court to dismiss the prosecution’s First Amended Information.
Atteh argued that the Administration of Criminal Justice Law (ACJL) of Lagos State, 2011 (as amended), as well as relevant judicial authorities, empower the prosecution to amend charges at any stage before judgment is delivered.
He maintained that the amendment was made solely to reflect the evidence already adduced during the trial, including exhibits admitted by the court and the testimonies of witnesses who had testified and been discharged.
According to him, there was no need to recall any witness unless entirely new issues had been introduced by the amended counts.
“The amendments are minor and do not alter the substance of the case. The law permits such amendments, and in the interest of justice, the application should be refused,” he submitted, urging the court to dismiss the defence’s motion.
Abubakar Ali Peters and his company, Nadabo Energy Limited, are standing trial on a 21-count charge bordering on forgery and alleged fuel subsidy fraud involving N761.6 million. The case was instituted by the Economic and Financial Crimes Commission before Justice Ogunsanya.
One of the charges reads:
“Nadabo Energy Limited and Abubakar Ali Peters, on or about the 26 day of September, 2011 at Lagos within the Ikeja Judicial Division fraudulently obtained the sum of N762,117,071.32 Seven Hundred and Sixty – Two Million, one Hundred and Seventeen Thousand, Seventy – one Naira, Thirly – Two kobo) from the Federal Government of Nigerin by fiscly claiming that the sum represented subsidy accrued to Nadabo Energy Limited under the Petroleum Support Fund for the importation of 16,808,054 (sixteen million, cight hundred and eight thousand, fifty – four) litres (12,495.884 metric tons) of Premium Motor Spirit (PS) which Nadabo Energy Limited purported to have purchased from Delancy Petroleum Corporation, Akara Building, Tortola, British Virgin Islands, and transported the 16,808,054 (sixteen million, cight hundred and eight thousand, fifty – four litres (12,495.384 metric tons) of Premium Motor Spirit (PMS) through MT. Gotland Carolina (Mother Vessel) and MT. Songa Ruby (Daughter Vessel) to Nigerin, wherens Nadabo Energy Limited only imported 7,850,915 (sevcn million, cight hundred and fifty thousand, nine hundred and fifty litres (6,000 metric tons) of Premium Motor Spirit (PMS) from Delancy Petroleum Corporation, Akara Building, Tortola, Britist Virgin Islands and transported the 7,850,915 (seven million, eight hundred and fifty thousand, nine hundred and fifty) litres (5,931.366 nietric tons) of Premium Motor Spirit (PMS) to Nigerin throught NIT. Gotland Carolina (Mother Vessel) and MT. Songa Ruby (Daughter Vessel)”.
The defendants pleaded not guilty to the charges upon their arraignment on October 7, 2015, leading to the commencement of trial.
After listening to the submissions of both parties, Justice Ogunsanya adjourned the matter until September 24, 2026, for a ruling on the defence’s application challenging the amended information.
