The Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami (SAN), has justified his letter advising
President Muhammadu Buhari to order the termination of the charges
instituted against the immediate-past AGF, Mr. Mohammed Adoke
(SAN), and others, in respect of Malabu oil scam.
The Economic and Financial Crimes Commission had filed three
sets of charges of fraud and money laundering against Adoke, a
former Minister of Petroleum, Dan Etete, and others in connection
with the $1.1bn Malabu scam.
The charges were filed between December 2016 and March 2017
before the Federal High Court in Abuja and the High Court of the
Federal Capital Territory, Maitama.
The alleged scam revolves around the highly lucrative Nigerian
oil well, Oil Processing Licence 245, originally offered under
controversial circumstances to Malabu Oil and Gas Ltd. by the then
Gen. Sani Abacha military regime in 1998.
The anti-corruption agency had alleged that the Nigerian
government was defrauded in the alleged shady transactions in the
chain of transfers that later gave away the ownership of the OPL
245 to oil the giants, Shell and Agip.
While responding to an inquiry by our correspondent early
Monday, Malami said he advised Buhari to withdraw the charges
because he had evaluated the case and realised that the
investigations which led to the filing the charges against Adoke
and others was weak and could not earn any conviction.
Our correspondent had late on Sunday asked Malami why he chose
to write Buhari instead of exercising his constitutional power of
discontinuing the criminal trials, if he strongly believed the
charges instituted by the EFCC were weak.
Section 174(c) of the Constitution empowers the AGF “to
discontinue, at any stage before judgment is delivered, any such
criminal proceedings instituted or undertaken by him or any other
authority or person.”
Responding to our correspondent’s inquiry on Monday, Malami said
discontinuance of trials was not the major consideration of his
letter.
He said his letter was more concerned about how Nigeria could
derive the greatest benefits from the controversial Oil Processing
Licence 245 covering highly lucrative oil field which had not been
explored for years due to court cases.
Malami told our reporter on Monday that his letter to Buhari
considered the EFCC’s investigation report that informed the
charges and also factored in the Federal Government’s policy of
attracting foreign investment.
He said the letter was to provide options to the government on
how to improve on the revenue generation of the government through
negotiating the resumption of production in the oil field.
He stated, “The letter was written within the context of the
available investigation report on the basis of which the charges
were filed which I find inadequate to earn a conviction.
“It also factored the Federal Government’s policy of attracting
foreign investment coupled with the fact that an asset that could
have enhanced the revenue of the government is left unexploited on
account of protracted litigation.
“The idea behind the letter is to present options available to
government in relation to the issue inclusive of either improving
on the inadequacies of the investigation or taking advantage of
available investment attraction policy windows thereby improving on
revenue generation of the government through negotiating the
resumption of production in the oil field.”
Malami had, in his letter dated September 27, 2017, said the
criminal cases filed by the EFCC against Adoke and others lacked
sufficient evidence to prove the allegations of fraud and money
laundering contained therein.
Malami had earlier expressed similar opinions in a letter dated
September 20, 2017, which he sent to the acting Chairman of the
EFCC, Mr. Ibrahim Magu.
In his letter to the President, Malami had said the charges
instituted against Adoke and others would fail on, among other
grounds, that there was “nothing to show that the parties as
constituted were at all times working together and having a
‘meeting of minds.’”
He added, “There is also nothing in the proof of evidence to
support the charge of money laundering and it is therefore
impossible for the prosecution to prove the elements which include
illicit funds, transfer for such through various channels to
reintroduce same into the regular financial system as legitimate
funds in financial institutions etc.
“Without the express proof of these elements, the counts may not
be sustained on the premise of the attached proof of evidence.”
Malami argued that instead of prosecuting the defendants,
government should devise the means of making the OPL 245 lucrative
without necessarily revoking it.
The Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami (SAN), has justified his letter advising
President Muhammadu Buhari to order the termination of the charges
instituted against the immediate-past AGF, Mr. Mohammed Adoke
(SAN), and others, in respect of Malabu oil scam.
The Economic and Financial Crimes Commission had filed three
sets of charges of fraud and money laundering against Adoke, a
former Minister of Petroleum, Dan Etete, and others in connection
with the $1.1bn Malabu scam.
The charges were filed between December 2016 and March 2017
before the Federal High Court in Abuja and the High Court of the
Federal Capital Territory, Maitama.
The alleged scam revolves around the highly lucrative Nigerian
oil well, Oil Processing Licence 245, originally offered under
controversial circumstances to Malabu Oil and Gas Ltd. by the then
Gen. Sani Abacha military regime in 1998.
The anti-corruption agency had alleged that the Nigerian
government was defrauded in the alleged shady transactions in the
chain of transfers that later gave away the ownership of the OPL
245 to oil the giants, Shell and Agip.
While responding to an inquiry by our correspondent early
Monday, Malami said he advised Buhari to withdraw the charges
because he had evaluated the case and realised that the
investigations which led to the filing the charges against Adoke
and others was weak and could not earn any conviction.
Our correspondent had late on Sunday asked Malami why he chose
to write Buhari instead of exercising his constitutional power of
discontinuing the criminal trials, if he strongly believed the
charges instituted by the EFCC were weak.
Section 174(c) of the Constitution empowers the AGF “to
discontinue, at any stage before judgment is delivered, any such
criminal proceedings instituted or undertaken by him or any other
authority or person.”
Responding to our correspondent’s inquiry on Monday, Malami said
discontinuance of trials was not the major consideration of his
letter.
He said his letter was more concerned about how Nigeria could
derive the greatest benefits from the controversial Oil Processing
Licence 245 covering highly lucrative oil field which had not been
explored for years due to court cases.
Malami told our reporter on Monday that his letter to Buhari
considered the EFCC’s investigation report that informed the
charges and also factored in the Federal Government’s policy of
attracting foreign investment.
He said the letter was to provide options to the government on
how to improve on the revenue generation of the government through
negotiating the resumption of production in the oil field.
He stated, “The letter was written within the context of the
available investigation report on the basis of which the charges
were filed which I find inadequate to earn a conviction.
“It also factored the Federal Government’s policy of attracting
foreign investment coupled with the fact that an asset that could
have enhanced the revenue of the government is left unexploited on
account of protracted litigation.
“The idea behind the letter is to present options available to
government in relation to the issue inclusive of either improving
on the inadequacies of the investigation or taking advantage of
available investment attraction policy windows thereby improving on
revenue generation of the government through negotiating the
resumption of production in the oil field.”
Malami had, in his letter dated September 27, 2017, said the
criminal cases filed by the EFCC against Adoke and others lacked
sufficient evidence to prove the allegations of fraud and money
laundering contained therein.
Malami had earlier expressed similar opinions in a letter dated
September 20, 2017, which he sent to the acting Chairman of the
EFCC, Mr. Ibrahim Magu.
In his letter to the President, Malami had said the charges
instituted against Adoke and others would fail on, among other
grounds, that there was “nothing to show that the parties as
constituted were at all times working together and having a
‘meeting of minds.’”
He added, “There is also nothing in the proof of evidence to
support the charge of money laundering and it is therefore
impossible for the prosecution to prove the elements which include
illicit funds, transfer for such through various channels to
reintroduce same into the regular financial system as legitimate
funds in financial institutions etc.
“Without the express proof of these elements, the counts may not
be sustained on the premise of the attached proof of evidence.”
Malami argued that instead of prosecuting the defendants,
government should devise the means of making the OPL 245 lucrative
without necessarily revoking it.
Read more https://nairalaw.com/malabu-why-i-advised-buhari-to-stop-adokes-trial-says-malami/