Former Minister of Justice and Attorney General of the Federation (AGF), Mohammaed Adoke has challenged the order of arrest made against him by a High Court of the Federal Capital Territory (FCT), Abuja.
Justice Danladi Senchi had on April 17, 2019 granted an ex-parte application by the Economic and Financial Crimes Commission (EFCC) for the issuance of a bench warrant against Adoke, former Minister of Petroleum Resource, Dan Etete and some others.
The EFCC said the arrest warrant was to enable it compel Adoke and others, named in charges pending before courts in Nigeria, to attend court for the purpose of arraignment.
In a motion on notice by his lawyer, Mike Ozekhome (SAN), Adoke wants the court to set aside the order for his arrest.
He also wants the court to strike out his name from the charge, marked: FCT/HC/CR/124/2017 between the Federal Republic of Nigeria and Shell Nigeria Exploration Production Company Limited and 10 others.
Adoke argued that the bench warrant issued against him was done by the court without jurisdiction and ought to be set aside.
He also argued that the arrest warrant was issued in breach of his right to fair hearing, guaranteed under the Constitution.
The ex-AGF equally contended that the court was misled into issuing the arrest warrant.
Adoke stated that he was, in suit: FHC/ABJ/446/2017 by a judgment of the Federal High Court, Abuja, against the Attorney General of the Federation, “esculpated with respect to the same facts and circumstances over which the applicant (Adoke) was erroneously charged and the basis upon which the bench warrant was issued.
“The applicant had, in the suit No:FHC/ABJ/446/2017 secured a judgment of the Federal High Court, sitting in Abuja against the Attorney General of the Federation, representing the Federal Republic of Nigeria, wherein the applicant was exculpated with respect to the facts and circumstances for which the applicant is charged before the court.”
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