$1.1bn Malabu Oil Fraud: Court acquits former Attorn-General, Adoke, others

A High Court of the Federal Capital Territory sitting at Jabi, on Thursday, discharged and acquitted a former Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, SAN, who was arraigned by the Economic and Financial Crimes Commission, EFCC, on charges that bordered on fraud, bribery and conspiracy.

Adoke is facing trial over alleged role he played in the transfer of ownership of an oil bloc, OPL 245, regarded as one of the biggest in Africa.

He was charged before the court alongside two others – Aliyu Abubakar, Rasky Gbinigie – as well as four companies – Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Ultra Deep Limited and Shell Nigeria Exploration Production Company Limited.

The defendants took their first plea of innocence before trial Justice Abubakar Kutugi on January 23, 2020.

EFCC had in the charge marked FCT/CR/151/2020, alleged that Adoke who served as AGF under the administration of former President Goodluck Jonathan, and the other defendants, were involved in fraud and bribery in the Malabu Oil bloc deal, to the tune of about $1.1billion.

Recall that Adoke was arrested upon his return to the country from Dubai, United Arab Emirate, on December 19, 2019.

The EFCC alleged that he received gratification to facilitate the alleged oil bloc fraud.

It alleged that it was the ex-AGF that mediated controversial agreements that ceded OPL 245 to two oil giants, Shell and Eni, who in turn paid about $1.1 billion to accounts controlled by former Petroleum Minister, Chief Dan Etete.

OPL 245

OPL 245 was initially awarded to Malabu Oil & Gas Ltd in 1998 by late military head of state, General Sani Abacha, in a process the EFCC insisted was against all known government regulations.

EFCC said its investigations revealed that Malabu Oil & Gas Ltd secured OPL 245 through fraudulent scheme involving high scale bribery and corruption by top management of the company and some government officials.

According to the charge, the former AGF, in August 2013 in Abuja, while serving as a minister knowingly received United State Dollars equivalent of N300 million, which is reasonably suspected of having been unlawfully obtained and thereby committed offence punishable under Section 319A of the Penal Code, Cap. 532laws of the federation of Nigeria 1990.

It was alleged that the defendants had sometime in 2013, in Abuja, dishonestly used as genuine, the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited, as well as the letter of resignation of one Mohammed Sani, and opened a bank account with which they received the sum of $401,540,000.00.

The defendants were said to have, by their action, committed an offence contrary to Section 366 of the Penal Code and punishable under the same section of the Penal Code.

According to EFCC, Adoke had in September 2013, knowingly and unlawfully obtained the sum of US dollars equivalent to N367,318,800 and thereby committed an offence punishable under Section 319A of the Penal Code, Cap. 532 laws of the federation of Nigeria 1990.

Adoke’s no-case submission

Meanwhile, following EFCC’s close of its case, the erstwhile Minister made a no-case-submission before the court. He insisted that the anti-graft agency failed to establish any prima-facie criminal case against him.

He contended that the totality of the proof of evidence the prosecution adduced before the court did not nail him to the commission of any offence contained in the charge.

Consequently, he prayed the court to dismiss the charge against him.

Ruling on the matter on Thursday, Justice Kutugi held that no substantial evidence was placed before the court to warrant the ex-Minister to be compelled to enter his defence to the charge.

The court held that the allegation of illegal tax waivers granted to Shell and Eni was not corroborated by the Federal Inland Revenue Service (FIRS) or any other authority.

On the alleged N300m bribe said to have been given to Adoke by Abubakar, the court held that the EFCC was unable to provide the necessary evidence to establish the allegation.

Discharged
Consequently, the court discharged and acquitted the former minister and the other defendants on all counts of the charge, except the 3rd defendant, Gbinigie.

Even though the EFCC had earlier conceded that it did not have sufficient evidence to oppose Adoke’s no-case-submission, it, however, maintained that Gbinigie had a case to answer over the alleged forgery of company documents to remove the name of Mohammed Abacha as a director of Malabu Oil & Gas Ltd.