MALABU OIL SCAM: Ex-AGF Adoke faults EFCC, begs court to set aside arrest warrant

Former Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Adoke (SAN), has told the High Court of the Federal Capital Territory to set aside the order of arrest it issued against him.

Justice Danladi Senchi had on April 17 issued the arrest warrant against Adoke and five other suspects named in the Economic and Financial Crimes Commission’s (EFCC’s) application.

But lawyer to the former AGF, Chief Mike Ozekhome (SAN), on Tuesday told the court in an application that the arrest warrant was issued against Adoke “without jurisdiction and ought to be set aside.”

He based his argument on the basis that the EFCC failed to disclose vital information of a judgment of the Federal High Court in Abuja delivered on April 13, 2018, which held that he “cannot be held personally liable for carrying out the lawful/approvals of the President while he served as a Minister of the Government of the Federation”.

According to Ozekhome, “As long as the judgment has not been set aside, it remains binding on all parties as well as their agents, servants, or privies, the respondent herein inclusive.

READ ALSO: Soyinka tags 2019 polls most depressing, says his generation has failed Nigerians

“That the bench warrant issued by this honourable court, on April 17, 2019 against the applicant herein was issued in breach of the applicant’s judgment right, as provided for in section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered.”

Likewise, the foreigners among the suspects – Casula Roberto, Pujatti Stefeno and Burrafato Sebastiano – filed a joint application seeking an order setting aside the arrest warrant.

They argued in an application filed on their behalf by their lawyer, Mr. Joe Kyari-Gadzama (SAN), that the court was misled in issuing the arrest warrant against them.

The EFCC had filed an ex parte application to the court over the suspects’ alleged involvement in the $2.1 billion Malabu oil scam.

Aside Adoke, others who the court issued arrest warrant were a former Minster of Petroleum Resources, Dan Etete, Raph Wezels, Casula Roberto, Pujato Stefeno and Burrato Sebastino, and Aliyu Abubakar.

EFCC had while moving the application through its lawyer, Aliyu Yusuf, told the judge that it want arrest warrant issued against the accused to enable it apprehend them and bring them before the court for arraignment on the charges instituted against them since 2016.

The accused were said to have been involved in illegal transfer of $1.2 billion of the OPL 245 purportedly from Malabu Oil and Gas Limited to Shell Nigeria Exploration Production Co. Limited and Nigeria Agip Exploration Limited.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now