Justice Latifah Okunnu of the Lagos State High Court on friday 13th june, 2016 dismissed
 an application of a no-case submission filed by Opeyemi Ajuayah, Majope
 Investment, Abdullahi Alao, Axenergy and Olarenwaju Olalusi.

In their consolidated application, the defendants through their
 counsels, challenged the competency of the charge prepared against
 them by the prosecution. They argued that the prosecution was unable
 to adduce sufficient evidence to justify the continuation of the trial,
 therefore a prima-facie case had not been established against them.
 They also claimed that the essential elements they are charged with have
 not been proved by the prosecution.

Also in their submission, the defendants claimed that they were being
 charged under a wrong law. They said the prosecution charged them for
 conspiracy but the punishment enclosed therein which is Section 1(3)
 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 did
 not apply to conspiracy.

However, while dismissing the application, Justice Okunnu held that the
 prosecution had adduced a prima-facie case against the defendants.

On the issue of wrong law as claimed by the defendants, the judge held that the
 punishment for the alleged offence of conspiracy was also within the
 Advance Fee Fraud Act as a conspiracy to commit is as good as
 committing the act.

Consequently, the defendants were ordered to enter
 their defence.

The defendants are standing trial on an 8 - count charge of conspiracy to
 obtain unearned sum of N798,984,707 (Seven hundred and Nine Eight
 Million, Nine Hundred Eighty Four Thousand, Seven Hundred and Seven
 Naira) from the Federal Government of Nigeria under the Petroleum
 Support Fund.
 

The case has been adjourned to June 24, 2016; July 6th, 26th, 27th, 29th and 30th,
 2016 for defence.

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