Justice S. S. Ogunsanya of the Lagos State High Court sitting in Ikeja has fixed September 24, 2026, to rule on an application challenging an amended charge filed by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of businessman Abubakar Ali Peters and his company, Nadabo Energy Limited.
The defendants are facing a 21-count charge bordering on alleged fuel subsidy fraud and forgery involving about N761.6 million.
At the resumed proceedings on Thursday, defence counsel E. O. Isiramen informed the court that the matter had been scheduled for the adoption of the defendants’ no-case submission. However, he drew the court’s attention to a motion challenging the prosecution’s First Amended Information filed on May 15, 2026.
Isiramen urged the court to strike out the amended charge, arguing that it was introduced after the defence had already filed its no-case submission.
He asked the court to direct that the case should proceed based solely on the original charge dated February 12, 2015, and filed on February 16, 2015.
According to the defence, the motion, dated May 18, 2026, is supported by an 18-paragraph affidavit and a written address.
Adopting his submissions, Isiramen argued that the amendments were substantial and fundamentally altered the nature of 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 told the court.
He therefore urged Justice Ogunsanya to dismiss and strike out the amended information.
Responding, EFCC counsel Seidu Atteh opposed the application, informing the court that the prosecution had filed an eight-paragraph counter-affidavit, dated June 25, 2026, alongside a written address.
Atteh argued that the Administration of Criminal Justice Law (ACJL) of Lagos State and established judicial authorities permit the prosecution to amend charges at any stage before judgment is delivered.
According to him, the amendments merely reflected evidence already presented during the trial, including exhibits admitted by the court and testimonies of prosecution witnesses.
He maintained that no witness needed to be recalled because the amendments did not introduce any fresh 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 submitted.
Abubakar Ali Peters and Nadabo Energy Limited were arraigned on October 7, 2015, after pleading not guilty to allegations that they fraudulently obtained about N761.6 million from the Federal Government through false claims under the Petroleum Support Fund.
The EFCC alleges that the defendants claimed subsidy payments for over 16.8 million litres of Premium Motor Spirit (PMS) purportedly imported into Nigeria, whereas investigations indicated that only about 7.85 million litres were actually imported.
After hearing arguments from both parties, Justice Ogunsanya adjourned the matter until September 24, 2026, for ruling on the defence’s application challenging the amended information.
