RismadarVoice Reporters
June 25, 2026
The Lagos State High Court sitting in Ikeja has adjourned proceedings in the trial of Abubakar Ali Peters and Nadabo Energy Limited to rule on a defence application challenging an amended charge filed by the Economic and Financial Crimes Commission (EFCC).
Justice S. S. Ogunsanya fixed September 24, 2026, for ruling after hearing arguments from both the defence and prosecution on Thursday.
The defence urged the court to dismiss and strike out the amended charge, arguing that it was filed after the defendants had already submitted their no-case submission.
Isiramen further prayed the court to determine the case based solely on the original charge dated February 12, 2015, and filed on February 16, 2015.
According to him, the defence’s motion, dated May 18, 2026, was supported by an 18-paragraph affidavit and a written address.
He argued that the amended charge introduced substantial changes that would prejudice the defendants.
“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 submitted.
He urged the court to strike out the amended information.
Prosecution Opposes Application
Responding, counsel to the EFCC, Seidu Atteh, informed the court that the prosecution had filed an eight-paragraph counter-affidavit on June 25, 2026, together with a written address opposing the application.
Atteh argued that the Administration of Criminal Justice Law (ACJL) of Lagos State, 2011 (as amended) empowers the prosecution to amend charges at any stage before judgment is delivered.
He maintained that the amendment merely aligned the charge with the evidence already presented during the trial, including exhibits admitted by the court and testimonies of witnesses who had already testified.
According to him, no witness needed to be recalled because the amendments did not introduce any entirely new issues.
“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 argued.
The Charges
Abubakar Ali Peters and Nadabo Energy Limited are standing trial on a 21-count charge bordering on alleged forgery and fuel subsidy fraud involving N761.6 million.
The EFCC alleges that the defendants fraudulently obtained subsidy payments from the Federal Government by falsely claiming to have imported over 16.8 million litres of Premium Motor Spirit (PMS), whereas investigations allegedly revealed that only about 7.85 million litres were imported.
The defendants pleaded not guilty when they were arraigned on October 7, 2015, prompting the commencement of the trial.
After hearing submissions from both parties, Justice Ogunsanya adjourned the matter until September 24, 2026, for ruling on the defence’s application challenging the amended charge.
