Thursday, October 29, 2020

Nigeria: Court orders arrest of ex-AGF Adoke, former minister Etete, 4 others in $1.2bn Malabu Oil Scam

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A High Court of the Federal Capital Territory sitting at Jabi has issued a bench warrant for the arrest of the immediate past Attorney General of the Federation, Mohammed Adoke, SAN, former Minister of Petroleum, Dan Etete, and four other persons that were fingered in the $1.2billion Malabu Oil bloc fraud.

Others the court said should be arrested are four foreigners that were accused of complicity in the alleged fraud- Raph Wetzels, Casula Roberto, Pujato Stefeno and Burrato Sebastiano.

The arrest warrant against them followed a motion ex-parte marked M/5290/2019, which was filed by the Economic and Financial Crimes Commission, EFCC.

EFCC, which predicated the motion on alleged refusal by the former AGF, Etete and the others to make themselves available for prosecution, equally secured leave of trial Justice Danlami Senchi, to execute the arrest warrant outside the jurisdiction of the court.

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Other Defendants in the substantive charge with suit No. CR/124/2017, are Shell Nigeria Exploration Production Company Ltd, Nigeria Agip Exploration Ltd, Eni SPA, Aliyu Abubakar and Malabu Oil & Gas Ltd.

EFCC anchored its request for an arrest order to be issued against six of the Defendants on provisions of sections 35 and 37 of the Administration of Criminal Justice Act, 2015, section 20 (1) (b) of the Money Laundering (Prohibition) Act, 2011, as well as, section 35(1) (c) of the 1999 Constitution, as amended.

The Commission, through its lawyer, Mr Aliyu Yusuf, told the court that since March 2, 2017, when the charge was filed, the six Defendants, “have refused, neglected and/or failed to appear before this honourable court to be arraigned on the said charge”.

It maintained that the court has the power to issue warrant for the apprehension and production of the 4th, 5th, 6th, 7th, 8th and 9th Defendants, who it said: “are suspected to be presently hiding outside the jurisdiction of the court”.

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Besides, EFCC, in a 13-paragraphed affidavit that was deposed to by one of its operatives, Mr Ahmed Ibrahim, it told the court that fact that led to the charge was “a case of fraudulent allocation of Oil Prospecting Licence of OPL 245 and OPL 214, conspiracy, laundering of over $1.2billion, forgery of bank documents, bribery and corruption against Malabu Oil and Gas Ltd, Shell Nigeria Ultra Deep (SNUD), Nigeria Agip Exploration (NAE) and their officials”.

The commission told the court that after a discrete investigation it conducted, ” a prima facie case was made, culminating into the charge against the Defendants”.

According to the deponent: “That I am aware that apart from the instant charge, most of the Defendants herein have two other criminal charges filed against them by the Complainant/Applicant at the Federal High Court with charge numbers: FHC/ABJ/CR/39/17 and FHC/ABJ/CR/268/2016, respectively.

” That arraignment of the Defendants, in this case, could not take place because the 4th, 5th, 6th, 7th, 8th and 9th Defendants are at large and have refused to make themselves available.

“That all efforts to apprehend the fleeing Defendants/Respondents proved abortive.

“That in furtherance of efforts to apprehend the 4th, 5th, 6th, 7th, 8th and 9th Defendants/Respondents, the EFCC contacted the Nigeria Police to assist in watch-listing them and facilitating their arrest and apprehension.

” That the Nigeria Police in response, requested for detailed particulars and necessary processes to enable them liaise with INTERPOL and apprehend the fleeing Defendants.

“That the Nigeria Police and the INTERPOL and other relevant sister organisation have insisted that in addition to having a pending charge before a competent court, there must be a warrant of arrest to enable the organization to apprehend the Defendants.

“That granting this application will facilitate the required liaison with INTERPOL and ensure that the Defendants/Respondents are apprehended and produced before the court for their arraignment on the charges filed against them”, EFCC added.

It will be recalled that the anti-graft agency had alleged that Adoke, Etete, an oil mogul, Abubakar, and Malabu Oil & Gas Ltd, had sometime in 2000, corruptly received the aggregate sum of $801,000,000.00 (Eight hundred and one million Dollars) in relation to the grant of oil prospecting license in respect of OPL 245 from Shell Nigeria Exploration Production Company, Nigeria Agip Exploration Ltd, and ENI SPA.

OPL 245 is regarded as one of the biggest oil blocs in Africa.

It 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.

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

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