Also joined in the criminal charge dated and filed
February.15 are Idon Simeon Amon, Adedeji Nathaniel Thomson, Effiong Ekpo Otu,
Preye Moses Egbuson, Opoufoni Owei, Abiodun Razaq, Youngstar Amon, Collins
Ebuka Eluche and Taiye Rashid Balogun as 11th to 19th defendants respectively.
However, the police, in an amended charge dated and filed
February 28, brought criminal charges against only MT Harbor Spirit, a Vessel,
Muhammad Malik Sidique and Joju Oil and Gas Ltd as 1st to 3rd defendants,
respectively.
In the amended charge, count one read that MT Harbor Spirit,
Muhammad Malik Sidique, Joju Oil and Gas Ltd and the 4th to 19th defendants in
the earlier charge (now at large) “on February 4, 2024, in the Deep Sea in
Ogbogoro Oil Field, Brass Area of Bayelsa State, conspired” to tamper with oil
pipeline for the transportation of crude oil.
The offence, according to the prosecution, is punishable
under Section 1(7) of the Miscellaneous Offences Act, Cap M17, Laws of the
Federation of Nigeria 2004.
In count two, the defendants and others now at large were
alleged to have on February. 4 in the Deep Sea in Ogbogoro Oil Field, Brass
Area of Bayelsa State, wilfully tampered with OML 59, Ogbogoro 001 Oil Field,
operated by ELF for the transportation of crude oil.
In count three, the defendants were alleged to be dealing in
about 80, 000 litres of crude oil without lawful authority or appropriate
license.
Count five accused the defendants of storing about 80, 000
litres of crude oil in MT Harbour Spirit Cargo Tanks in the Deep Sea in
Ogbogoro Oil Field without appropriate licence contrary to Section 4 of the
Petroleum Act, Cap P10, Laws of the Federation of Nigeria, 2004.
However, at the point of taking their plea, the IGP’s
lawyer, Mohammed, informed the court that Muhammad Malik Sidique was the only
defendant in court.
He said though a five-count charge dated and filed on
February 15 was preferred against 19 defendants and that the 4th to 19th
defendants were forcefully taken away by the armed forces during one of their
visits to their custody.
The lawyer prayed the court to issue warrant of arrest
against the 4th to 19th defendants who he alleged were at large.
But Justice Omotosho faulted Mohammed for claiming that the
4th to 19th defendants were at large when he had earlier told the court that
the armed forces forcefully took them away.
The judge frowned at the abuse of the word “at large” adding
that such words are used for suspects or defendants whose whereabouts are
unknown.
“With what you have said that the armed forces took them to
their custody, are they at large? At large is when somebody cannot be traced,”
the judge said.
The IGP’s lawyer, thereafter, sought the leave of court to
amend the amended charges in open court.
But the judge observed more anomalies with the charge sheet
and then ordered the prosecution to go and put his house in order.
“Go and serve them there (at the military custody) and bring
them or you remove their names from the charge. We are here for justice. I
don’t know them,” he directed.
The IGP’s lawyer, then, told the judge that the police did
not hand over the defendants to the military, rather, they forcefully took them
away from their custody.
Counsel for the defendants, Michael Mbanefo, did not oppose
to the further amendment of the charge.
However, Mbanefo urged the court to direct the prosecution
to agree with him and grant Sidique administrative bail because he had been in
custody since his arrest.
But Justice Omotosho declined, saying “the court does not
grant administrative bail”.
Justice Omotosho thereafter adjourned the arraignment of the
alleged oil bunkerers til March 6.
