MALABU OIL SCANDAL: Ex-AGF Adoke drags successor Malami to court

The immediate past Attorney-General of the Federation and Minister of justice, Mr. Mohammed Bello Adoke (SAN), has initiated a court case against his successor, AGF Abubakar Malami (SAN), over the scandalous $1.09billion Malabu Oil Block (OPL 245) deal.

In his suit, Adoke prayed among other things that the court should declare that he acted on the agreement based on the directives of ex-President Goodluck Jonathan.

That the court should also declare illegal, null and void, his present prosecution by the Economic and Financial Crimes Commission (EFCC) because he carried out lawful directives of the former president.

He further said that it will be unjust for him to be held personally liable for carrying out the lawful directives of the former president.

Malabu Oil Block has been seized by the Federal Government from four oil giants until the conclusion of investigation and trial of those implicated in the $1.09billion deal.

The oil firms are Shell Nigeria Ultra Deep Limited, Shell Nigeria Exploration and Production Company Limited (SNEPCO), Nigeria Agip Exploration Limited, Malabu Oil and Gas Limited.

Adoke and a former Minister of Petroleum Resources, Chief Dan Etete and seven others, are at present, facing a nine-count charge bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash levelled against him by the EFCC.

But Adoke, in an a legal suit he initiated through his counsel, Mr. Kanu Agabi (SAN), claimed that all he did in the matter was as directed by the former President Goodluck Jonathan.

The reliefs he is seeking from the Federal High Court, Abuja reads in part, “A declaration that the involvement of the plaintiff in the negotiations leading to the implementation of the Settlement Agreement dated 30th November 2006 between Malabu Oil and Gas Limited and the Federal Government of Nigeria and the eventual execution of Block 245 Malabu Resolution Agreement dated 29th April 2011 between the Federal Government of Nigeria and Malabu Oil and Gas Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.

“A declaration that the involvement of the plaintiff in the negotiation and eventual execution of the Block 245 SNUD Resolution Agreement dated 29th April 2011 between the Federal Government of Nigeria and Shell Nigeria Ultra Deep and Shell Nigeria Exploration and Production Company Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.”

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He further prayed the court to determine the following, “Whether having regard to the provisions of section 5(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the executive powers of the federation are vested in the president to exercise same directly or through a Minister of the Government of the Federation

“Whether by the combined reading of section 5(1); section 147 (1); Section 148(1) and section 150 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the plaintiff herein while serving as a Minister of the Government of the Federation could exercise the executive powers of the federation vested in the president as directed by the president.

And to also determine, “Whether the plaintiff while serving as a minister of the government of the federation can be held personally liable, for carrying out the lawful directives and/or implementing the lawful approvals of the president.”

 

 

 

 

 

 

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