The alleged diversion of about 80 million litres of Premium Motor Spirit (commonly called petrol), kept in the custody of Capital Oil and Gas Managing Director, Ifeanyi Ubah by the Nigerian National Petroleum Corporation is punishable by death.
The Department of State Services stated this yesterday, May 23, while adding that Ubah shunned NNPC’s repeated demands for the product estimated to be worth N11bn in order to cause artificial scarcity of the product.
It stated that Ubah’s action could plunge the country into widespread scarcity of PMS and economic chaos.
According to the agency, the act amounted to economic sabotage punishable by death.
These were stated in a counter-affidavit and written submission filed by the DSS in opposition to an application by Ubah, asking a High Court of the Federal Capital Territory in Jabi, Abuja, to set aside an order for his detention for 14 days.
Justice Yusuf Halilu had granted the order to the DSS on May 10, 2017, allowing the agency to keep the suspect in custody for 14 days pending the completion of an ongoing criminal investigation against him.
The DSS’s lawyer, Mr. G. Agbadua, told Justice Halilu on Tuesday, May 23, that Ubah was plotting to plunge the nation into economic and social crisis by creating artificial scarcity of petroleum product.
Agbadua stated in a written address, which he adopted during the Tuesday’s hearing, that the alleged diversion of the petroleum product by Ubah was not only stealing, but an attempt to cripple the nation’s economy.
He stated that the act was punishable by death under the Petroleum Production and Distribution (Anti-Sabotage) Act, 2004.
Ubah had applied to the court to set aside the detention order, arguing among others, that the court was misled by the DSS, which allegedly suppressed material facts from the court.
Arguing Ubah’s application earlier, his lawyer, Mrs. Ifeoma Esom, prayed the court to either set aside its order of May 10 or order the businessman’s release on the grounds that his continued detention was unjustifiable.
Esom argued that the issue on which Ubah was being held was purely civil and contractual.
She stated that provision had been made for penalty in the case of default under the circumstances of the case.
Esom stated that Capital Oil and Gas had been one of the largest “throughput provider” for the NNPC for a long time.
Justice Halilu adjourned until May 25 for ruling.
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