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  • Court dismisses money laundering charge against ex-AGF Adoke

    Court dismisses money laundering charge against ex-AGF Adoke

    • Partially frees co-defendant Aliyu Abubakar

    • I’m vindicated, says ex-AGF, mauls dragging FG, others to court

    A Federal High Court in Abuja has dismissed the money laundering charge filed against former Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Adoke, by the Economic and Financial Crimes Commission (EFCC).

    In a judgment yesterday, Justice Inyang Ekwo upheld the no-case submission made by Adoke and partially allowed the one filed by his co-defendant, Aliyu Abubakar.

    Justice Ekwo held that the prosecution failed to establish a prima facie case against the ex-AGF to warrant his being called to enter his defence in respect of counts one to four of the 10-count charge, which relate to him.

    Reacting to the judgment yesterday, Adoke said he had been vindicated by it, adding that he was weighing the option of suing the Nigerian state and all those who contributed to his ordeal.

    Justice Ekwo evidence held that the evidence led by the prosecution were manifestly unreliable and did not prove the elements of the offences charged.

    He proceeded to discharge and acquit the ex-AGF.

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    Adoke’s co-defendant, Aliyu Abubakar, was however not so lucky as Justice Ekwo found that the prosecution effectively established a prima facie case against him (Abubakar) in relation to counts five, six, eight and nine of the charge.

    The judge struck out counts one, seven and 10 as they relate to Abubakar, a businessman with interests in real estate and petroleum.

    Justice Ekwo then adjourned till April 22 for Abubakar to open his defence in relation to the remaining counts.

    The judge said: “On the whole, I have weighed the evidence of the prosecution on the statutory parameters on the point of no-case submission as follows:

    *Whether there is no evidence to prove an essential element of the alleged offence.

    *Whether the evidence has been so discredited as a result of cross examination.

    *Whether the evidence is manifestly unreliable that no reasonable tribunal or court can safely convict on it.

    “On the case concerning the first defendant (Adoke) I rule as follows:  I find that there is no evidence to prove the essential elements of the alleged offences in counts one, two, three and four against the first defendant.

    “Upon the above, I also find the evidence of the prosecution against the first defendant manifestly unreliable that no reasonable tribunal or court can safely convict on it.

    “Consequently, the no-case submission of the first defendant is upheld.

    “I make an order discharging and acquitting the first defendant of the allegations in counts one, two, three and four of the charge against him.

    “On the case concerning the second defendant, I rule as follows:  I find that there is no evidence to prove the essential elements of the alleged offences in counts one, seven and 10 against the second defendant.

    “I make an order discharging and acquitting the second defendant with respect to counts one, seven and 10.

    “On the other hand, it is my finding that the prosecution has made out a prima facie case against the second defendant with respect to counts five, six, eight and nine.

    “Therefore, the no case submission of the second defendant with respect to these counts has failed.

    “Consequently, I make an order for the second defendant to enter his defence in respect of counts five, six, eight and nine of the charge sheet,” Justice Ekwo said.

    I’m vindicated, says Adoke

    In his reaction to the judgment yesterday, former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN, said he was grateful to God that he had been discharged and acquitted of any involvement in Malabu Oil Block (OPL 245) scandal.

    He also said he was weighing the option of suing the Nigerian State and anyone who contributed to his ordeal.

    He insisted that he only carried out a Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the Federal Government of Nigeria and Malabu.

    He said at the material time the agreement had been reduced into a consent judgment of the Federal High Court, Abuja.

    He said it was regrettable that the Economic and Financial Crimes Commission (EFCC) subjected him to harrowing trial for nine years to satisfy some narrow political interests.

    But he said the anti-graft commission later became reluctant to prove its case for want of evidence.

    Adoke, who made his position known in a statement in Abuja, said despite his ordeal, his faith in the Nigeria project is not misplaced or shaken.

    He said: “Yesterday, the Federal High Court, Abuja, Coram Inyang Ekwo, J upheld the No case Submission I made to the spurious charges levied against me by the Economic and Financial Crimes Commission (EFCC) for the official role I played in the implementation of the 2006 Settlement Agreement entered into by the Federal Government of Nigeria (FGN) and Malabu Oil & Gas Limited (Malabu) over the disputed ownership of OPL 245.

    “It will be recalled that the High Court of the Federal Capital Territory, Coram Abubakar Kutigi, J, had on Thursday, 28th March 2024, similarly upheld the No case submission I made to the charges filed against me.

    “The EFCC had, in their wisdom and in the exercise of their prosecutorial powers, filed charges on the same facts in different courts to annoy and cause me maximum discomfort and expense.”

    Adoke added: “I am delighted to observe that despite the campaign of calumny launched against me by the EFCC domestically and internationally, which essentially deprived me of my livelihood as a Lawyer and Arbitrator since 2016, and loss of family life and reputation, I survived. God was kind to me by granting me good health and friends who came to my aid in several ways.

    “Now that the trial is over, I have the option of suing the Nigerian State and all those who contributed to my ordeal.

    “While contemplating the next steps, I leave all my traducers to their conscience and the judgment of posterity.

    “I am grateful to the Almighty Allah for divine mercies and blessings, my family for standing by me and enduring the public odium associated with trials of this nature, my friends for living up to the name and my lawyers for their forbearance and industry.

    “Despite my ordeal, my faith in the Nigeria Project is not misplaced or shaken. I will continue to contribute my quota to the progress and development of our great country.”

    He said it was regrettable that the EFCC subjected him to harrowing trial for nine years to satisfy some narrow political interests.

    But he said the anti-graft commission later became reluctant to prove its case for want of evidence.

    He, however, clarified that he only carried out a Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the Federal Government of Nigeria and Malabu

    He added: “Nigerians will recall that I served the country in the exalted position of Honourable Attorney General of the Federation and Minister of Justice from April 2010 to May 29, 2015.

    “During that period, I received Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the FGN and Malabu, which at the material time had been reduced into a consent judgment of the Federal High Court, Abuja.

    “When the EFCC, at the instigation of some powerful persons in the country, ostensibly because of the enabling political environment, began their shenanigans sometime in 2015, I took out an Originating Summons against the FGN praying the Federal High Court, Abuja, to determine whether I, acting as the Attorney General of the Federation and Minister of Justice in the Government of the Federation could be held personally liable for carrying out or implementing the Presidential Approvals/Directives of the President in exercise his powers under section 5 and 148 of the Constitution of the Federal Republic of Nigeria, 1999.

    “The Federal High Court, Abuja, Coram, Binta Nyako, J declared in essence that I did no wrong by carrying out the President’s lawful directives and that I could, therefore, not be held personally liable for discharging my responsibilities.”

    Adoke who recalled a legal opinion by Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) and another opinion by a former Minister of State Petroleum Resources, Dr Ibe Kachikwu, said Malabu transaction was for the benefit of the country.

    He said the two former ministers claimed that the agreement would enable the Oil block to be developed for the benefit of the country.

    He said: “Nigerians will also recall that when the OPL 245 Settlement Agreement came under the searchlight of the EFCC in 2017, the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, CON, had in his reasoned legal opinion to the EFCC confirmed that he had reviewed the Settlement Agreement and could not find any illegality in the transaction.

    “The Honourable Minister of State Petroleum Resources, Dr Ibe Kachikwu, also wrote an opinion to the President through the Chief of Staff, Abba Kyari, where he opined in essence that the transaction was for the benefit of the country as it would enable the Oil block to be developed for the benefit of the country.

    “Despite these exonerating opinions and the subsisting judgment of the FHC, Abuja, the EFCC proceeded to charge me and other entities for corruption, money laundering and other sundry offences. I had no option but to submit myself to the legal process.

    “It has been a harrowing experience that has lasted for over nine years due mainly to the antics of the Prosecution, which hurriedly filed charges against me to satisfy some narrow political interests but became reluctant to prove their case for want of evidence.”

  • OPL 245: I have been vindicated, says Adoke

    OPL 245: I have been vindicated, says Adoke

    A former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) on Friday said he is grateful to God he has been discharged and acquitted of any involvement in Malabu Oil Block (OPL 245) scandal.

    He also said he is weighing the option of suing the Federal Government and all those who contributed to his ordeal.

    He insisted that he only carried out a Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the Federal Government of Nigeria and Malabu.

    He said at the material time the agreement had been reduced into a consent judgment of the Federal High Court, Abuja.

    He said it was regrettable that the Economic and Financial Crimes Commission (EFCC) subjected him to harrowing trial for nine years to satisfy some narrow political interests.

    But he said the anti-graft commission later became reluctant to prove its case for want of evidence.

    Adoke, who made his position known in a statement in Abuja, said despite his ordeal, his faith in the Nigeria Project is not misplaced or shaken.

    He said: “Yesterday, the Federal High Court, Abuja, Coram Inyang Ekwo, J upheld the No case Submission I made to the spurious charges levied against me by the Economic and Financial Crimes Commission (EFCC) for the official role I played in the implementation of the 2006 Settlement Agreement entered into by the Federal Government of Nigeria (FGN) and Malabu Oil & Gas Limited (Malabu) over the disputed ownership of OPL 245.

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    “It will be recalled that the High Court of the Federal Capital Territory, Coram Abubakar Kutigi, J, had on Thursday, 28th March 2024, similarly upheld the No case submission I made to the charges filed against me.

    “The EFCC had, in their wisdom and in the exercise of their prosecutorial powers, filed charges on the same facts in different courts to annoy and cause me maximum discomfort and expense. “

    Adoke said: “I am delighted to observe that despite the campaign of calumny launched against me by the EFCC domestically and internationally, which essentially deprived me of my livelihood as a Lawyer and Arbitrator since 2016, and loss of family life and reputation, I survived. God was kind to me by granting me good health and friends who came to my aid in several ways.

    “Now that the trial is over, I have the option of suing the Nigerian State and all those who contributed to my ordeal.

    “While contemplating the next steps, I leave all my traducers to their conscience and the judgment of posterity.

    “I am grateful to the Almighty Allah for divine mercies and blessings, my family for standing by me and enduring the public odium associated with trials of this nature, my friends for living up to the name and my lawyers for their forbearance and industry.

    “Despite my ordeal, my faith in the Nigeria Project is not misplaced or shaken. I will continue to contribute my quota to the progress and development of our great country.”

    He said it was regrettable that the EFCC subjected him to harrowing trial for nine years to satisfy some narrow political interests.

    But he said the anti-graft commission later became reluctant to prove its case for want of evidence.

    He, however, clarified that he only carried out a Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the Federal Government of Nigeria and Malabu

    He added: “Nigerians will recall that I served the country in the exalted position of Honourable Attorney General of the Federation and Minister of Justice from April 2010 to May 29, 2015.

    “During that period, I received Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the FGN and Malabu, which at the material time had been reduced into a consent judgment of the Federal High Court, Abuja.

    “When the EFCC, at the instigation of some powerful persons in the country, ostensibly because of the enabling political environment, began their shenanigans sometime in 2015, I took out an Originating Summons against the FGN praying the Federal High Court, Abuja, to determine whether I, acting as the Attorney General of the Federation and Minister of Justice in the Government of the Federation could be held personally liable for carrying out or implementing the Presidential Approvals/Directives of the President in exercise his powers under section 5 and 148 of the Constitution of the Federal Republic of Nigeria, 1999.

    “The Federal High Court, Abuja, Coram, Binta Nyako, J declared in essence that I did no wrong by carrying out the President’s lawful directives and that I could, therefore, not be held personally liable for discharging my responsibilities.”

    Adoke recalled a legal opinion by Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) and another opinion by a former Minister of State Petroleum Resources, Dr Ibe Kachikwu, said Malabu transaction was for the benefit of the country.

    He said the two former ministers claimed that the agreement would enable the Oil block to be developed for the benefit of the country

    He said: “Nigerians will also recall that when the OPL 245 Settlement Agreement came under the searchlight of the EFCC in 2017, the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, CON, had in his reasoned legal opinion to the EFCC confirmed that he had reviewed the Settlement Agreement and could not find any illegality in the transaction.

    “The Honourable Minister of State Petroleum Resources, Dr Ibe Kachikwu, also wrote an opinion to the President through the Chief of Staff, Abba Kyari, where he opined in essence that the transaction was for the benefit of the country as it would enable the Oil block to be developed for the benefit of the country.

    “Despite these exonerating opinions and the subsisting judgment of the FHC, Abuja, the EFCC proceeded to charge me and other entities for corruption, money laundering and other sundry offences. I had no option but to submit myself to the legal process.

    “It has been a harrowing experience that has lasted for over nine years due mainly to the antics of the Prosecution, which hurriedly filed charges against me to satisfy some narrow political interests but became reluctant to prove their case for want of evidence.”

  • Adoke: EFCC mulls appeal in Malabu case

    Adoke: EFCC mulls appeal in Malabu case

    The Economic and Financial Crimes Commission (EFCC) is considering an appeal against the dismissal of the charges against a former Attorney-General of the Federation and Minister of Justice, Bello Adoke, and others by the Federal Capital Territory (FCT) High Court. 

    The commission debunked a report (not by The Nation) that one of its prosecutors was offered a bribe over the Malabu OPL 245 fraud case.

    The ongoing review, it was learnt, would entail exploring the option of appeal and possible change of the counsel that handled the case.

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    On the alleged bribing of an official, an EFCC source said the intention to review or appeal the case “has no nexus whatsoever to the spew of speculations imputing compromise by parties to the charge, currently making the rounds in some sections of the media.”

    After the decision of the Abuja High Court upholding the no-case submission of the defendants in the criminal case, a certain online news outfit spewed the narrative suggesting that the EFCC accused its prosecutor of compromise by prominent lawyers connected to the case.

    Denying the narrative of compromise, the source said: “The EFCC is not obliged to embrace such narratives as it neither accused any of the parties of any unsavoury conduct nor made any conclusive statements about any investigation on the matter.”

    The agency also dubbed allegations of compromise as “effusions of mischief makers” and urged the general public to await its next course of action.

  • JUST IN: Court discharges Adoke, Abubakar, five others over alleged Malabu oil deal

    JUST IN: Court discharges Adoke, Abubakar, five others over alleged Malabu oil deal

    A High Court of the Federal Capital Territory (FCT) in Jabi has discharged former Attorney General of the Federation (AGF), Mohammed Adoke and six others charged with alleged fraudulent conduct in the handling of the controversial Oil Prospecting License (OPL) 245 (popularly referred to as the Malabu Oil deal).

    Adoke was charged with a businessman,  Aliyu Abubakar; Rasky Gbinigie; Malabu Oil and Gas Limited; Nigeria Agip Exploration Limited; Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited over the  otherwise known as Malabu Oil scam

    Justice Abubakar Kutigi, in a ruling on Thursday, upheld the no-case submissions made by all the defendants in the 40-count amended charge, marked: FCT/HC/CR/151/2020.

    Read Also: Malabu Oil: Court to rule in Adoke,others’ no-case submission Feb 29

    Justice Kutigi, held that the prosecution failed to lead evidence in prove of the  essential elements in relation to the offences charged.

    The judge, who noted that the charge was not well drafted and prosecuted, asked the  prosecuting counsel to refrain from filing such charge in future.

    Justice Kutigi held that allowing the case to remain in court will do untold injustice to the defendants, who ought not to be tried on the charge in the first place.

    He proceeded to discharge all the defendants.

    Details shortly…

  • Adoke’s anti-corruption pretence

    Adoke’s anti-corruption pretence

    By Garba Shehu

    SIR: Former Attorney-General and Minister of Justice Mohammed Adoke has been enjoying a spotlight, masquerading as an anti-corruption character in a skit for which he is ill-suited. He neither has the track record nor the moral standing to accuse anyone of corruption, not least the former President Muhammadu Buhari.

    The fact that this character is a free man, walking away from the industrial-corruption their administration foisted on the 200 million-plus Nigerians is an Eighth Wonder. So vast was its scale, it is today a subject of international scrutiny. That should be a script for a Nollywood/Kannywood blockbuster all by itself.

    Most outrageously, the cases cited by Adoke as a reference point of corruption were cases that originated from an administration in which he himself was the man responsible for the administration of justice.

    The contract and incidental judgment in the Process & Industrial Developments (P&ID) were inherited by the Buhari administration. To his credit, President Buhari succeeded in staying its execution even when the previous administration that was responsible for the creation of the liability watched helplessly and exposed Nigeria to over $10bn dollars liability.

    Paris club saga that Adokie cited as an example of corrupt practices of the Buhari administration is not in any way different in origin and circumstances with the case of P&ID.

    It was rooted in administrations that predated that of President Muhammadu Buhari. Adoke was a product of the administration that planted the evil foundation and the judgments that resulted therefrom.

    The logical conclusion any reasonable person can make on P&ID, Paris Club and Ajaokuta is that President Buhari came on a rescue mission and effectively saved Nigeria from corrupt undertones that were planted to expose its economy to imminent collapse.

    The success of the Buhari administration in the direction of the fight against corruption is unprecedented.

    New legislations were introduced, major recoveries were made at home, stolen monies were repatriated from abroad, and they were judiciously deployed in infrastructure development.  High profile convictions were recorded in unprecedented numbers, with enhanced percentages over and above the records in existence.

    Read Also; It’s hard for me to forgive, forget, says Joeboy

    It is in international recognition of these efforts that the African Union chose the former President as its African Continental Anti-Corruption Champion. Additional recognitions by the United Nations Office on Drugs and Corruption, UNODC among others were also lauded on the former president and his administration. 

    Adoke also made some wild allegations in the aviation sector. The efforts of the Buhari administration in the aviation are known: They were visible in terms of capital infrastructure development, safety, and policy; they changed the face of the aviation sector into an attractive one for investment, resulting in new airlines coming on board. No major commercial airlines incident was recorded throughout this period.

    All Nigerians by right can say whatever they want of the Buhari administration. No one is offended by their actions, right or wrong. But when you come out with innuendos of corruption written all over your face and say that you want to moralise and pontificate, Nigerians in different walks of life will have problems with that.

    Adoke, your record in office makes you the wrong character for this famous skit.

    • Garba Shehu, Abuja.

  • I’ve been made scapegoat, says Adoke

    I’ve been made scapegoat, says Adoke

    • Ex-AGF threatens to reveal truth about OPL 245

    A former Attorney General of the Federation (AGF), Mohammed Adoke, has said Nigerians deserve to know the “whole truth” about the controversy surrounding the Oil Prospecting Licence (OPL) 245.

    Adoke, who was the AGF and Justice Minister between 2010 and 2015, said he was made a “scapegoat” on the OPL 245 court cases.

    Speaking on “Untold Stories with Adesuwa”, the former AGF said he would publish a book in December that would highlight the issues involved in the deal.

    Adoke said he had become a “damaged brand globally” over the oil processing licence deal, adding that he would not go down without a fight.

    “Nigerians deserve to know the whole truth of the OPL 245 case and the scavengers, idiots and those who nearly ruined this country.

    “They try to scapegoat innocent Nigerians. I’m not going to go down without a fight. Do I look like an idiot? I’m not going to go down without documenting history.

    “By the time you read my book on OPL 245, I hope they will not stone some Nigerian leaders in this country, including those who call other people corrupt. But they represent the very symbol of corruption,” he said.

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    Expatiating on the OPL 245 saga, the former AGF criticised the administration of former President Muhammadu Buhari for being the “most incompetent” in the nation’s history.

    “The corruption allegations against this past government are emerging. Let’s wait for a while.

    “Let’s see what will come out of detained Central Bank of Nigeria (CBN) erstwhile Governor Godwin Emefiele’s investigation, the Air Nigeria case, the Paris Club saga, and other things that will be investigated,” he said.

    OPL 245 is an oil block located in the Niger Delta area of Nigeria.

    Since 1998, the oil block has been a subject of international and national litigations — a situation that has stalled the growth of what is believed to be Nigeria’s most endowed oil block.

    In 1998, OPL 245 was awarded to Malabu Oil and Gas Limited during the administration of the late General Sani Abacha, the then military Head of State.

    Malabu Oil and Gas Limited is believed to be owned mainly by Mohammed Abacha, son of the late Head of State, and Dan Etete, who was the Petroleum Minister at the time.

    On July 2, 2001, former President Olusegun Obasanjo revoked Malabu’s licence and assigned the oil block to Shell — without a public bid.

    Then, Malabu went to court, but the ownership was reverted to the company in 2006 after it reached an out-of-court settlement with the Federal Government.

    Shell fought back and started an arbitration against Nigeria.

    But when former President Goodluck Jonathan came to power in 2010, the controversy appeared to have been resolved with Shell and Eni agreeing to buy the oil block from Malabu for $1.1 billion.

    The oil companies also paid $210 million as a signature bonus to the Federal Government of Nigeria.

    But foreign anti-corruption activists claimed that the deal was corrupt.

    Adoke was Justice Minister when the deal was sealed.

    When former President Buhari came to office in 2015, his administration started a series of litigation against Royal Dutch Shell, Eni/Nigeria Agip Exploration (NAE), Shell Nigeria Ultra Deep (SNUD) Limited, and Shell Nigeria Exploration Company (SNEPCO) — as well as Adoke over allegations of fraud and corruption in the OPL 245 deal.

    The parties in the case all denied the allegations.

    The Nigerian government lost most of the suits filed abroad on the allegations of fraud and corruption in the OPL case.

    In March 2021, an Italian court acquitted Shell, Eni and all defendants of corruption charges in the $1.1 billion deal.

    The prosecutors subsequently filed an appeal but Celestina Gravina, the Italian attorney general, said the case “has no basis… in fact, it should have finished earlier” and it was struck out in July 2022.

    In another case, the high court of England and Wales ruled in July 2022 that Nigeria did not prove its allegations against Adoke.

    The Economic and Financial Crimes Commission (EFCC) is currently prosecuting Adoke over charges bordering on the OPL 245 transaction.

  • How Jonathan conceded defeat, by Adoke

    Former Attorney-General and Minister of Justice Mohammed Bello Adoke (SAN) yesterday said he never at any time discouraged  ex-President Goodluck Jonathan from conceding victory to President Muhammdu Buhari in 2015.

    He said he, the ex-Minister of Finance, Mrs. Ngozi Okonjo-Iweala, the ex-Minister of Aviation, Mr. Osita Chidoka and the former Special Assistant on Domestic Affairs to the ex-President, Waripamo Owei-Dudafa, actually prevailed on Jonathan to accept defeat.

    He said having been at the vanguard of protecting Nigeria’s democracy and the Rule of Law as an Attorney-General of the Federation, he could not have stooped low to ask Jonathan to reject the outcome of the 2015 presidential election.

    But Adoke noted that some hawks in the administration actually wanted Jonathan to refuse to accept the results but he, the two ex-Ministers and Dudafa encouraged Jonathan to congratulate Buhari.

    He said:  ”As a patriot, I could not have advised him not to concede defeat. Ngozi Okonjo-Iweala, Osita Chidoka, I and Waripamowei-Dudafa are the real heroes of that historic concession as we ensured that despite pressures from the hawks within the administration, the President conceded defeat by calling President Buhari as at the time he did.

    “We are the real heroes of the concession by Jonathan. We were the ones who made the former President to make the concession call to President Muhammadu Buhari.

    “We are not saboteurs, we are patriots. We actually asked Jonathan to concede. I have impeccable democratic credentials; no one can spoil my records.”

    “I expect that Jonathan will clear the air on the issue as he knows the truth. However, my forthcoming book will address the issue most comprehensively.”

    Another source gave an insight into the last-minute intrigues that preceded Jonathan’s acceptance of defeat.

    The source said: “It is unfair characterization to claim that Adoke, Okonjo-Iweala, Chidoka and Dudafa did not want Jonathan to accept the outcome of the 2015 presidential poll.

    “When the results were trickling in and it was obvious that Jonathan was losing, Chidoka was actually mandated to go and draft the acceptance speech for Jonathan. How can someone who was part of the decision to make concession be assumed to be opposed to it.

    “After drafting the concession speech, Chidoka put a call to Okonjo-Iweala, Adoke for the vetting of the text. Of course, Dudafa has always been insisting on conceding defeat.

    ICYMI: Jonathan: I was pressed to reject 2015 election result

    “It was Dudafa, who actually put a call to President Buhari and handed over the phone to Jonathan to speak with the President who was the winner.

    “I am aware that Adoke insisted that Jonathan must congratulate Buhari before the announcement of the results. He kept on saying: ‘Mr. President, put yourself on the positive side of history, be a statesman and earn international respect for life’.

    “The presence of Adoke, Okonjo-Iweala, Chidoka and Dudafa assisted the President in making his decision to concede defeat.”

    A former government official attributed Jonathan’s concession to “personal factor”.

    He said: “President Jonathan had already given his words to all the security and service chiefs before the election that he would abide by the decision of Nigerians. At the meeting, he also told them to perform their duties professionally during the polls.

    “While we anticipated that he would congratulate his opponent if the result was announced in favour of the opposition candidate, he gratuitously, without the prompting of anyone, conceded defeat  – to the surprise of all.

    “By that singular gesture, he had saved the security agencies and the nation of unnecessary tension and stress in maintaining law and order and curtailing excesses of likely protesters.”

  • Adoke and intrigues over OPL 245

    On Friday, April 13, Justice Binta Nyako of the Federal High Court sitting in Abuja made a landmark pronouncement which, stripped of legal language, means when a minister acts as directed by the president, he or she cannot be held liable for the action. In other words, the minister is only carrying out an order of the president. Justice Nyako declared that by the provisions of sections 5(1), 147, 148 and 150 of the Constitution of the Federal Republic of Nigeria (as amended), the executive powers of the federation were vested in the president which he could exercise either personally or through any of his appointed ministers. This is the first judicial interpretation of these sections of the constitution to the best of my knowledge.

    Why is this judgment so significant? Mohammed Bello Adoke, who was Attorney-General of the Federation and Minister of Justice under former President Goodluck Jonathan from 2010 to 2015, had been charged to court by the Economic and Financial Crimes Commission (EFCC) for allegedly giving “wrong legal advice” to Jonathan in the settlement of the long-drawn dispute between the federal government and Malabu Oil & Gas Ltd over OPL 245. The oil prospecting licence had been awarded to Malabu Oil & Gas Ltd in 1998 by the government of the late General Sani Abacha. However, the licence was withdrawn by the government of former President Olusegun Obasanjo in 2001, who then awarded it to Shell. Meanwhile, the OPL 246 licence awarded to General TY Danjuma’s South Atlantic Petroleum on the same day as Malabu was not withdrawn by Obasanjo. Danjuma was Obasanjo’s Minister of Defence.

    Malabu thereafter went to court to challenge the withdrawal of OPL 245 licence. Eventually, the federal government decided to settle out of court. This was in 2006. Shell was dissatisfied with the decision and opted to sue the federal government to the International Centre for the Settlement of International Disputes (ICSID), an arm of the World Bank, claiming at least $1.5 billion from Nigeria for alleged breach of contract. It appeared to be a bad case for Nigeria. This was the state of things when President Jonathan came to office in 2010. Malabu, whose beneficial owner had now turned out to be Dan Etete, Minister of Petroleum under Abacha, raised the matter with Jonathan, who then decided to give effect to the out-of-court settlement reached by the Obasanjo government.

    It was on the basis of the judgment that the Resolution Agreement was reached with Malabu. It provided the following terms: that Malabu waives all interests and rights in OPL 245 and agrees that it should be re-allocated to another entity; that Shell Nigeria Ultra Deep Limited (SNUD) agrees that its interest be reallocated to Shell Nigeria Exploration and Production Company (SNEPCo); that FGN will re-allocate OPL 245 to SNEPCo and Eni of Italy (also known as the Nigerian Agip Exploration, NAE); that the $207,960,000 deposited in an Escrow account at JP Morgan Chase Bank in London, UK, by SDPC will be paid to FGN as signature bonus for the re-allocation of OPL 245 to SNEPCo and NAE; that an Escrow account will be opened in the names of FGN and Malabu at JP Morgan; that NAE will pay an agreed sum to the account; that the money will be transferred by FGN to Malabu as its pay-off for giving up OPL 245; that NAE and SNEPCo will execute the PSC for OPL 245; and that all pending suits, and arbitration, will be withdrawn by all parties.

    It was in the spirit of the Resolution Agreement that the transaction was concluded. Controversy would arise much later over the $1.1 billion payments made to Malabu; some campaigners in the UK started raising issues that it should have been paid to the Nigerian government, and that Malabu, the original owners of the oil block, should not have got anything. All these arguments, it would appear, were designed for OPL 245 alone. Original awardees of many oil blocks in Nigeria had been re-selling to IOCs for decades without any eyebrow being raised, but the campaigners sought to make a different law for Malabu. They may have a point, nonetheless. There are important moral questions that Etete was Minister of Petroleum when the oil block was awarded to Malabu, and he turned out to be the owner of Malabu, along with a son of Abacha. There is a legitimate question of conflict of interest. But fraud is a different kettle of fish which has to be legally established.

    This is why I think the vilification of Adoke has been most unfair. Everything about OPL 245 has been pinned on him by the EFCC as if he was the one that awarded the licence to Malabu in the first place. You would also think he was the AGF that decided to settle out of court. You would think he was the one that ordered that $1.1 billion be paid by Shell and NAE to Malabu. How can EFCC charge somebody to court for giving wrong legal advice “that made Nigeria lose money”? Even if he gave bad advice, is that a criminal offence? Everybody knows that the buck stops at the president’s table as the Federal High Court has now ruled. It is common sense.

    It is an irony that when JP Morgan filed its defence in the ongoing case of “negligence” brought by the Attorney-General of Nigeria in a London High Court, nowhere was Adoke’s name mentioned. All the government officials that authorised the payment were named by the bank. These are: then Minister of State for Finance, Dr. Yerima Ngama; and then Accountant-General of the Federation, Mr.  Otunla Ogunniyi. Nowhere in the court filings was Adoke mentioned as authorising any payment. Yet he is the only (former) government official being prosecuted by the EFCC. Anybody who understands how government works will certainly come to the conclusion that there is something fishy going on. It beggars belief that only one official did something wrong in a matter that spanned the lives of four administrations, with four different AGFs!

    Now that the Federal High Court has ruled that Adoke cannot be held liable for carrying out a lawful presidential directive, at least one aspect of the charges is now standing on a weak leg. Also, with JP Morgan Chase Bank releasing the details of those who authorised the payments and with Adoke’s name not featuring on the list, it has become glaring that the EFCC is not telling Nigerians the whole truth. Except there are still hard facts hidden from the public, recent developments have vindicated Adoke in my considered opinion.

     

    • Bukar is the Managing Partner of Bukar and Bukar Associates, Area 11, Garki, Abuja.

  • Court stops Adoke’s prosecution over Malabu deal

    A Federal High Court in Abuja has held that the involvement of former Attorney General of the Federation and Minister of Justice, Mohammed Adoke, in the OPL 245 transactions, commonly referred to as the Malabu Oil deals was in furtherance of the execution of “lawful directives” of ex- President Goodluck Jonathan.

    The Economic and Financial Crimes Commission (EFCC) had filed a five- count charge of money laundering against the ex-minister before the Federal High Court, Abuja.

    The Commission claimed Adoke was directly involved in the Malabu deal in which Nigeria lost $1.8billion.

    But, in a judgment on Friday, Justice Binta Nyako held that the ex-minister acted on the lawful directives of Jonathan in the exercise of his executive powers as provided in the Constitution.

    Justice Nyako said based on her finding that Adoke acted on the ex-President’s directives, he could not be held personally liable for all he did in respect of the matter.

    The judgment was on a suit marked: FHC/ABJ/94/446/2017 filed by Adoke, with the AGF as sole defendant.

    The judge resolved all the issues raised in favour of the plaintiff and dismissed the preliminary objection raised against the suit by the defendant.

     

  • Malabu: Malami insists on Adoke’s prosecution

    Malabu: Malami insists on Adoke’s prosecution

    The Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), has asked the Federal High Court sitting in Abuja to dismiss a suit challenging the competence of the charges filed against the ex-AGF, Mohammed Adoke (SAN), and others over their alleged involvement in the $1.1bn Malabu oil scam.

    Malami also insisted that Adoke and others named in the charges must prove their innocence in court.

    The AGF position is contained in the documents he filed opposing Adoke’s suit before a Federal High Court in Abuja.

    He urged the court to decline jurisdiction on the matter.

    He argued that such civil suit “cannot be used to stop criminal prosecution already initiated.”

    Malami noted in his papers that the charges which its validity Adoke was challenging were five counts involving the fraudulent transfer of billions of dollars derived from the Oil Processing Licence (OPL) 245 deal.

    Adoke had in May 2017 filed the suit against his successor as the sole defendant, urging the court to declare as illegal his prosecution by the Economic and Financial Crimes Commission (EFCC) over alleged involvement in the deal between Malabu Oil and Gas Limited and the Federal Government over OPL 245.

    Malami, through the Permanent Secretary and the Solicitor-General of the Federation, Mr. Dayo Apata, filed in response to the suit, a notice of preliminary objection challenging the competence of the suit and the court’s jurisdiction to hear it.

    He also filed a counter-affidavit challenging the merit of the case.