By Eric Ikhilae, Abuja
Attorney-General of the Federation and Minister of Justice, Abubakar Malami said on Sunday that he acted legally in approving the sale of the content of some seized oil vessels last year.
Malami was reacting to reports that he granted approval to a firm (Omoh Jay Nig Ltd), purportedly standing trial for stealing crude oil and diesel to auction the content of the vessels.
The AGF gave details of the processes leading to his approval, saying the reports were misleading and aimed at confusing the public and tarnishing his image.
He argued in a statement by his media aide, Umar Gwndu, that his action was legal in spite of the fact that the firm and its officials were undergoing trial.
The statement reads in part: “The OHAGF (Office of the Honourable Attorney General of the Federation) confirms that, following the President’s(Muhammadu Buhari) directive to clear territorial waters and highways of obsolete and unauthorised vessels, barges, ships, boats, trucks vehicles amongst others, it obtained final forfeiture orders dated 16th January, 2018 and 15th April, 2019 from the Federal High Court.
“Based on the advice of the Office of the National Security Adviser, which is predicated upon the risk being posed by the drifting vessel MT ANUKET containing crude oil at Elegushi Beach and on the basis of the expertise and experience of Omoh Jay Nigeria Limited in the disposal of the content of AKUADA and MT HOPE when engaged by the Department of Petroleum Resources dated 11th August, 2009.
“The OHAGF engaged their vide letter dated 9th September, 2019 to conduct an Open Bid Sale for the following vessels: MT ASTERIS with Crude Oil; MV PSV DERBY with Automated Gas Oil (AGO); MV ZAHRA with Automated Gas Oil (AGO); MT PEACE; and MT ANUKET EMERALD.
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“The only involvement of Omoh Jay Nigeria Limited as far as the documents before the OHAGF is the baseless freezing of Omoh Jay Nigeria Limited account as a fall out in the case lost by the EFCC on MT AKUADA and MT HOPE and even at that, the FHC, Lagos Division struck out motion brought against Omoh Jay Nigeria Limited as stated above.
“It is therefore worthy to mention that the disposal of the vessels were done following the final forfeiture obtained by the OHAGF and the presidential directive of 25th October, 2018 directing the OHAGF to put in the interim before the passage of the Proceeds of Crime Bill, appropriate transitional arrangements for the management and expeditious disposal of the realizable assets so as to preserve their economic value.
“Therefore, as far as the question of criminality of Omoh Jay Nigeria Ltd is concerned, it is not before the OHAGF and for avoidance of doubt, it should be noted that the disposed of the vessels under reference were conducted with due process following a report submitted by the Federal Ministry of Works, Power and Housing on the value of these assets.
“The disposal of the vessels was also done following Final Forfeiture Order obtained by the OHAGF and recovered monies are paid into the FGN Recovery Account.
“The issue of interest to the public …is whether Omoh-Jay, being a duly registered company, can be denied opportunity to participate in the auction bidding process on a purported account that the company is standing trial (not convicted) by a competent court of the land if indeed as claimed by Sahara Reporters, the Company is being criminally tried.
“The position of the law is clear by virtue of Section 36 (5) of the 1999 Constitution (as amended) that a person is presumed innocent until the contrary is proved. ‘Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty.’’
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