A Lagos High Court has discharged and acquitted Mr. Osahon Asemota, Founder and Chief Executive Officer, CEO, of Mettle Energy & Gas Limited, along with six others, in a protracted oil dispute over alleged 10,000 tons of contaminated petroluem products extimated at over $11 million.
Recall that the Inspector General of Police, had in November 2018, arraigned Asemota, Mettle Energy & Gas Limited and others on a three count charge of conspiracy to commit felony, Stealing and receiving stolen property, in Suit No:ID//980c/2018: FRN V. Trafigura & 6 Ors before Justice M. Dada.
The prosecution called over 16 witnesses, including industry experts and investigators, to build its case. However, as the defense presented its evidence, a pivotal shift occurred.
The office of the Attorney General of the Federation took over from Police prosecutors after the defendants had opened and concluded their defence.
However, after reviewing the case, the office of the Attorney General filed a notice of discontinuance dated May 5, 2025.
As a result, the team of defence counsel argued that the defendants were entitled not only to a discharge but also to be acquitted because they have called two witnesses already.
They relied on section 108 (3) of the Administration of Justice Act, 2015 in butressing their point.
In her ruling, Justice Dada, agreed with the defendants asserting that, “whereas in this case not only have the defendants been called upon to open their defence, they have already started same and called two witnesses before the filing of the notice of discontinuance.
“This therefore satisfies the reason for the order discharging and acquitting the defendants forthwith and I so hold. Defendants are accordingly hereby discharged and acquitted,” the Judge ruled.
Reacting to the judgment, Asemota who hailed the judiciary for the ruling after a protracted legal battle, said: “I have always believed in the rule of law and that is why I have always attended court sittings because I needed to clear my name.
“This verdict did not only clear my name and that of others but it has also ensured that we are protected from any retrial due to the painstaking effort made by the court to ensure fairness and transparency throughout the trial,” he stated.
Also speaking, counsel to Asemota, A. Udoh, who also hailed the judgment, said: “This judgment has put to rest the very erroneous and wicked belief being parroted by mischief makers that our client stole the same product he purchased with his hard earned money.”
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