Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) sitting in Jabi division has issued a warrant of arrest against a former Attorney-General of the Federation, Mr. Mohammed Adoke, a Senior Advocate of Nigeria (SAN), and erstwhile Minister of Petroleum Resources, Dan Etete, and four others.
The arrest warrant is also placed on the Director of Shell, Raph Wezels; three Italian directors of Agip Exploration Limited, Casula Roberto, Pujato Stefeno and Burrato Sebastino, and Aliyu Abubakar.
The warrant of arrest, which was issued by Justice Danlami Senchi, was sequel to an ex-parte application by the Economic and Financial Crimes Commission (EFCC).
When the case came up yesterday, counsel to the Commission, Mr. Aliyu Yusuf, informed the judge that it had not been able to apprehend the suspects since 2016 and 2017 when it filed two sets of charges against them before the Federal High Court in Abuja.
The charges against them bordered on alleged fraudulent allocation of Oil Prospecting Licence (OPL) 245 and money laundering of about $1.2bn, forgery of bank documents, bribery and corruption.
Specifically, the prosecution said the alleged $1.2bn scam involved the transfer of the OPL 245 purportedly from Malabu Oil and Gas Limited to Shell Nigeria Exploration Production Co. Limited and Nigeria Agip Exploration Limited.
A United Kingdom (UK) anti-corruption group, Global Witness, claimed that $523million of the bribe was paid to some fronts of a former president.
According to the charge sheet dated February 28, and filed by the EFCC legal team, comprising Johnson Ojogbane, H.M. Mohammed and Victor Ukagwu, all the accused persons are to face trial for alleged
“conspiracy, contrary to Section 26 of the Corrupt Practices and Other Related Offences Act 2000 and punishable under Section 12 of the same Act; and official corruption contrary to Section 9 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 9 (b) of the same Act.”
The particulars of the offence are as follows: “That you Shell Nigeria Exploration Production Company Limited, Nigeria Agip Exploration Limited, ENI SPA, Ralph Wetzels (whilst being director of SNEPCO), Casula Roberto (Italian) whilst being the director of AGIP; Pujatti Stefeno (Italian) while being the director in AGIP; Burafato Sebastiano(Italian), while being a Director with AGIP; Douzia Louya Etete (aka Dan Etete); Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 in Abuja within the jurisdiction of this honourable court conspired amongst yourselves to commit felony to wit: Official corruption and thereby committed an offence.
“That you Douzia Louya Etete (aka Dan Etete), Mohammed Bello Adoke, Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 in Abuja within the jurisdiction of this honourable court corruptly received the aggregate sum of $801million in relation to the grant of Oil Prospecting Licence in respect of OPL 245 from Shell Nigeria Exploration Production Company, Nigeria Agip Exploration Limited and ENI SPA and thereby committed an offence.
“That you Shell Nigeria Exploration Production Company Limited, Nigeria Agip Exploration Limited, ENI SPA, Ralph Wetzels (whilst being Director of SNEPCO), Casula Roberto (Italian) whilst being the Director of AGIP; Pujatti Stefeno(Italian) while being the Director in AGIP; Burafato Sebastiano(Italian), while being a Director with AGIP; Douzia Louya Etete(aka Dan Etete); Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 within the jurisdiction of this court corruptly gave the aggregate sum of $801million to Douzia Louya Etete(aka Dan Etete), Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited on account of the grant of Oil Prospecting Licence in respect of OPL 245 and thereby committed an offence.”
This is the second time some of the accused persons will be facing trial.
The EFCC on December 20, 2016 filed nine charges bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash against Adoke, Etete, Abubakar, Malabu Oil and Gas Limited; Rocky Top Resources Limited; Imperial Union Limited; Novel Properties and Development Company Limited, Group Construction Limited and Megatech Engineering Limited.
The nine-count charge was filed at the Federal High Court, Abuja.
The charges came barely 48 hours after ENI SPA insisted that the sale of OPL 245 (Malabu Oil Block) was not fraudulent. The Board of Directors of Eni (Nigeria Agip Exploration Limited) claimed that all transactions relating to the $1,616,690,656.78 Malabu oil block were clean. The oil firm said it arrived at the conclusion after commissioning forensic investigations into the controversy over the sale of the oil block.
It said an independent United States law firm conducted the investigations and returned a not guilty verdict.
However, Adoke has kicked against the court order for his arrest. Reacting, he said he would fight the order in court because he had already been cleared of any wrong doing by a “competent court of law.
“The honorable judge was misled by the EFCC to grant the warrant. Justice Binta Nyako ruled in April 2018 that I was only carrying out a presidential order in the OPL 245/Malabu transaction and that I had no case to answer. That naturally ends the EFCC case against me but the agency has chosen this path and I will use all legal means to exonerate myself.”