Former Attorney General of the Federation, Mohammed Bello Adoke, a Senior Advocate of Nigeria (SAN), has filed a motion on notice at a Federal High Court, Abuja asking the court to vacate a bench warrant obtained against him by the Economic and Financial Crimes Commission (EFCC) as well as strike out his name in suit no FCT/HC/CR/124/17 between the Federal Republic of Nigeria and Shell Nigeria Exploration Production Company Limited.
While explaining the grounds for his application, Adoke stated that the bench warrant was issued out of jurisdiction and in breach of his fundamental right to fair hearing.
He stated that he was neither served with the charge sheet nor summons in respect of the suit.
Also in a seven-page affidavit deposed to by a lawyer in Mike Ozekhome’s Chambers, he stated that “ he was exculpated with respects to the same facts and circumstances in suit no FHC/ABJ/CS/446/2017 between him and the Federal Government of Nigeria and wondered why he should still be included.
He alleged that the ex-parte application for an order of bench warrant was obtained upon “gross misstatements, misrepresentation, concealment and suppression of material facts.”