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.
Justice Kutigi held that the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) failed to establish a prima facie case against the defendants to warrant their being called upon to enter their defence.
The judge further 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 40-count charge, marked: CR/151/2020 was poorly drafted and prosecuted, warned 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.
Justice Kutigi said: “It is argued that people can be arrested circumstantially, but every trial, moreso a criminal trial, is a different ball game which must only be undertaken with utmost care and attention to details particularly the quality of the evidence and availability of witnesses.
“It cannot be right or fair that in this case, for example, nearly about 30 Counts in this case involving forgery, the documents subject of these counts were not presented in evidence.
“If as stated by the lead investigator, (PW10) that they demanded for about 37 documents from Corporate Affairs Commission (CAC), but only a few were made available, this then begs the question, why a charge would be filed involving these documents, the prosecution does not have access to?
“On the whole, the prosecution has failed to prove the essential elements of the offences for which the Defendants were charged and accordingly, the no case to answer submission has considerable merit and must be sustained.
‘To allow this proceedings to continue, having regard to the totality of the evidence laid bare on the record by the prosecution, is to inflict undue hardship and injustice on the defendants.
“They ought not have stood this trial in the first place, if the evidence on record was all the prosecution had to offer. I say no more.
“The legal consequence of a successful submission of no case to answer is that such a discharge is equivalent to an acquittal and a dismissal of the charge on the merit.
“In the final analysis, and for the avoidance of doubt, my firm decision, on the
basis of the provision of Section 302 of ACJA 2015 is that the evidence adduced by the prosecution, on record, is not sufficient to justify the continuation of this trial.
“In other words, the prosecution has failed to make out a prima facie case against the defendants, in that they have failed to tender required minimum evidence to establish the essential clements of all the counts of the offences that they have been charged with respectively.
“For this reason I hereby preclude them from entering upon their defence and accordingly, I hereby discharge the defendants of the entirety of the charge preferred against them,” Justice Kutigi said.
In counts one of the charge, Adoke, Malabu Oil, Nigeria Agip, Shell Nigeria and Shell Exploration (1st, 4th, 5th, 6th abd and 7th defendants) were charged with conspiring to commit an offence to wit: Public servant disobeying direction of law with intent to cause injury contrary to the provision of Section 97 (1) of the Penal Code, Cap 532 LFN (Abuja) 1990 and punishable under Section 123 of the same Act.
Adoke was charged, in count two, with knowingly disobeying the direction of the law to wit: the Companies Income Tax Act, Cap C21 LFN (2004) by seeking to save 5th, 6th and 7th defendants from charges of taxes to which they are liable by law to the Federal Government of Nigeria through the OPL 245 Resolution Agreement contrary to the provision of Section 123 (c) of the Penal Code and punishable under the provision of Section 123 of the same Act.
In counts three, the 4th, 5th, 6th and 7th defendants were charged with the offence of abetting the 1st defendant (Adoke) to disobey the direction of the law by saving them from charges of taxes to which they are liable, by law, to the Federal Government, contrary to the provision of Section 85 of the Penal Code and punishable under Section 123 of the same Act.
In counts four, Abubakar (the 2nd defendant) was charged with offering gratification of N300million to Adoke contrary to and punishable under Section 118 of the Penal Code.
In counts five, Adoke was alleged to have, while being the Attorney-General and Minister of Justice, accepted gratification of N300m in the exercise of his official functions contrary to the provision of Section 116 (b) of the Penal Code and punishable under Section 116 of the same Act.
In counts six to 40 Gbinigie was charged with others, said to be at large, with offences ranging from conspiracy to commit criminal breach of trust; abetting others now at large to dishonestly convert various sums of monies from Malabu Oil and Gas accounts domiciled with Keystone Bank and First Bank of Nigeria Ltd; conspiracy to commit felony to wit: forgery; conspiracy to make false documents; making false documents and using them as genuine which are offences contrary to the provisions of Sections 363 and 366 of the Penal Code, punishable under Section 364 of the same Act.
Reacting to the court’s decision, Adoke said: “I am grateful to God and excited that all is over. I am excited that I can get my life back and move on with my practice.
“I have forgiven all those that are behind my travails; I bear no grudges. As a patriot, I will continue to wish my country (Nigeria) well and I will do everything to support the government of the day and any government that is in power.
“We need to get it right for this country.I have no regret for all I did while in office and I will not regret going forward. And, I am grateful that some Nigerians appreciate the fact that while in office, I gave my best,” Adoke said.
On his advice for prosecuting agencies being a former AGF and in the face of the court’s observation about the prosecution of the case, Adoke said he was optimistic that they will be guided by what the judge said.
He added: “I do hope that the admonition of the court will be seriously adhered to. I am gratified by the fact that the current Chairman of EFCC is a lawyer.
“I do hope he will set aside emotions and sentiments and allow the rule of law to prevail in all his dealings and ensure that the letters and spirit of the Administration of Criminal Justice Act (ACJA), which I have the singular honour and privilege of anchoring while in office, has a place of play,” Adoke said.