Malabu: Case against Adoke, others not provable, Malami advised Magu
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has advised the acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu to review the charge against former AGF Mohammed Adoke (SAN) and others for it to be provable, court papers revealed. Malami in a letter to Magu […]
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has advised the acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu to review the charge against former AGF Mohammed Adoke (SAN) and others for it to be provable, court papers revealed.
Malami in a letter to Magu dated September 17, 2017 said having fully examined the case summary, he was of the view that "nothing in the proof of evidence appears to have directly linked parties to the offences as charged."
The letter marked as Exhibit 19 formed part of the documents attached to a suit by Adoke to urge a Federal High Court in Abuja to declare that his (Adoke) prosecution by the EFCC is illegal on the account that he was only carrying out presidential directives.
Reading from the letter in court, Adoke’s lawyer, Kanu Agabi (SAN) said Malami wrote that: "A curious observation of the entire file clearly indicates that the proof of evidence is unlikely to support the counts which border on fraud, conspiracy and money laundering.”
In a copy of the letter cited by our reporter, Malami said the reasons for the advice was that: “(a) there is nothing to show that the parties as constituted were at all times working together and having a meeting of the mind to wit: to forge CAC documents and use it for the purpose of divesting the shares of the complainant and thereafter enter into a settlement agreement with FGN and other parties to take delivery of the proceeds of sale of OPL 245.”
“(b) there is nothing in the proof of evidence to support the charge of money laundering therefore it is unrealistic for the prosecution to proof the elements which include illicit funds, attempt to conceal/concealment of illicit funds, transfer of such funds through various channels to introduce same as legitimate funds, in financial institutions without the express proof of these elements, this count may not be sustainable.
“(c) the EFCC investigation and attached proof of evidence does not appear to have clearly revealed the case of fraud against the parties in view of their claimed acting in their official capacities with purported approval of the president of the FGN at the time and with claimed intentions that the matter be resolved in the national interest to save the nation from acrimonious litigations resulting into high legal fees and the non-production of the oil field while litigation lasted.”
He advised that “the matter be thoroughly investigated especially regarding the allegations of wrongdoing in connection with the $ 1.1 Billion USD in order to satisfy the constituent elements of offences.”
However, Malami through his counsel, Dayo Apata, the solicitor-general of the federation today urged the court to dismiss Adoke’s suit, contending that the court lacked jurisdiction to hear the case and that such civil suit “cannot be used to stop criminal prosecution already initiated.”
He said the argument of Adoke that he was carrying out presidential directives does not hold water, adding that there is no vicarious liability in Nigeria’s criminal law. He said this position of law has been reinforced by several Supreme Court’s judgments.
He added that all the arguments put forward by Adoke were defences that should come up at the trial of his criminal matter.
The trial judge, Justice Binta Nyako thereafter adjourned the matter to February 28 for ruling.