By Vivian Okejeme
Oil businessman, Benedict Peters, founder of Aiteo Energy and Vice Chairman of Nembe Exploration and Production Company Limited seeks court halts prosecution of alleged illegal use of official passport trial.
Peters is before the Federal High Court, Abuja, for judicial review, seeking to quash a Direct Criminal Complaint filed against him at a Magistrate Court in the Federal Capital Territory(FCT).
The business man is making a fresh bid to evade criminal prosecution lodged by a private investigation company.
The prosecution accuses the businessman of unlawfully procuring and using a Nigerian Official Passport — a document reserved for specific categories of government officials and dignitaries.
According to details in the court filings, Peters is alleged to be in possession of Official Passport Number F00017845, to which he is not entitled. This is said to constitute an offence under Section 96 of the Penal Code Law (Cap. 532, Laws of the Federation of Nigeria, Abuja), punishable under Section 97 of the same law.
He is also accused of conspiring with some staff of the Nigeria Immigration Service to procure the document through false representation. Police sources indicate that Peters, born on December 5, 1966, was invited multiple times for questioning but allegedly failed to honour the invitations.
The businessman, who currently resides in Ghana, faces potential charges including impersonation and forgery related to the passport. In his application for judicial review filed pursuant to Order 43 Rule 5 of the High Court of the FCT (Civil Procedure) Rules 2025, Peters is asking the Federal High Court to remove the entire proceedings from the Magistrate Court and quash them by order of certiorari.
He further seeks to set aside any referral letter of investigation issued to the Nigeria Police and to dismiss the Direct Criminal Complaint on grounds that the Magistrate Court lacks jurisdiction. Peters’ legal team argues that the allegations, which reportedly include unlawful procurement and use of official and diplomatic passports as well as impersonation of state authority and related matters, fall exclusively under the jurisdiction of the Federal High Court.
They cite Sections 251 (1) (i), (k), (h) and 251 (3) of the 1999 Constitution (as amended), along with provisions of the Money Laundering (Prevention and Prohibition) Act, 2022. However, the move is considered an attempt to interfere with ongoing police investigations. By seeking to vacate the Direct Criminal Complaint and halt the Magistrate Court process, Peters is trying to block the police from probing the serious allegations, sources close to the matter say.
The private investigation company had on February 13, 2026, filed the complaint before His Worship Hon. Ekpenyong Inyang Okon at the Magistrate Court, Zone 6, Abuja, leading to a referral for police investigation. Peters maintains he was never properly summoned or invited before the Magistrate Court in line with the Administration of Criminal Justice Act.
This latest legal manoeuvre comes amid Peters’ reputation as a controversial figure in Nigeria’s oil sector. Evidence gathered so far suggests the matter is far from over, and the embattled businessman may soon have his day in court as authorities continue to pursue the case. The Federal High Court is expected to hear the application for judicial review on 13th July 2026.
