A Lagos High Court presided over by Justice M.A. Dada has discharged and acquitted Mr. Osahon Asemota, founder and CEO of Mettle Energy & Gas Limited and six others in a protracted oil dispute regarding the alleged 10,000 tons of contaminated petroleum products estimated at over $11 million.
In November 2018, Inspector General of Police arraigned Mr 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. The prosecution called over 16 witnesses, including industry experts and investigators, to build its case. However, as the defence presented its evidence, a pivotal shift occurred. The office of the Attorney General of the Federation took over from police prosecutors after the defendants opened their cases 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 an acquittal because they have fielded two witnesses already.
They relied on section 108 (3) of the Administration of Justice Act, 2015 in buttressing their point.
In her ruling, Justice Dada agreed with the defendants that, “whereas in this case not only have the defendants been called upon to open their defence, they have already started the 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. The defendants are accordingly hereby discharged and acquitted.”
Reacting to the judgment, Mr Asemota hailed the judiciary for the ruling. “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.
Counsel to Mr. Asemota, A.U. Udoh, said the judgment had put to rest the very erroneous and wicked belief being parroted by mischief-makers that Mr. Asemota stole the same product he purchased with his hard earned money.
“Like they say, the judiciary is the last hope of the ordinary man, and today, the court has done justice to this matter. It’s sad that people, out of selfish interest, could conspire against our client on this matter. However, we are happy that after several years of legal battle, justice was done,” he stated.
