Today, the Federal High Court, Abuja, Coram Inyang Ekwo, J upheld the No case Submission I made to the spurious charges levied against me by the Economic and Financial Crimes Commission (EFCC) for the official role I played in the implementation of the 2006 Settlement Agreement entered into by the Federal Government of Nigeria (FGN) and Malabu Oil & Gas Limited (Malabu) over the disputed ownership of OPL 245.
It will be recalled that the High Court of the Federal Capital Territory, Coram Abubakar Kutigi, J, had on Thursday, 28th March 2024, similarly upheld the No case submission I made to the charges filed against me. The EFCC had, in their wisdom and in the exercise of their prosecutorial powers, filed charges on the same facts in different courts to annoy and cause me maximum discomfort and expense.
Nigerians will recall that I served the country in the exalted position of Honourable Attorney General of the Federation and Minister of Justice from April 2010 to May 29, 2015. During that period, I received Presidential Approval/Directive to implement the subsisting 2006 Settlement Agreement between the FGN and Malabu, which at the material time had been reduced into a consent judgment of the Federal High Court, Abuja. When the EFCC, at the instigation of some powerful persons in the country, ostensibly because of the enabling political environment, began their shenanigans sometime in 2015, I took out an Originating Summons against the FGN praying the Federal High Court, Abuja, to determine whether I, acting as the Attorney General of the Federation and Minister of Justice in the Government of the Federation could be held personally liable for carrying out or implementing the Presidential Approvals/Directives of the President in exercise his powers under section 5 and 148 of the Constitution of the Federal Republic of Nigeria, 1999. The Federal High Court, Abuja, Coram, Binta Nyako, J declared in essence that I did no wrong by carrying out the President's lawful directives and that I could, therefore, not be held personally liable for discharging my responsibilities.
Nigerians will also recall that when the OPL 245 Settlement Agreement came under the searchlight of the EFCC in 2017, the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, CON, had in his reasoned legal opinion to the EFCC confirmed that he had reviewed the Settlement Agreement and could not find any illegality in the transaction. The Honourable Minister of State Petroleum Resources, Dr Ibe Kachikwu, also wrote an opinion to the President through the Chief of Staff, Abba Kyari, where he opined in essence that the transaction was for the benefit of the country as it would enable the Oil block to be developed for the benefit of the country.
Despite these exonerating opinions and the subsisting judgment of the FHC, Abuja, the EFCC proceeded to charge me and other entities for corruption, money laundering and other sundry offences. I had no option but to submit myself to the legal process. It has been a harrowing experience that has lasted for over nine years due mainly to the antics of the Prosecution, which hurriedly filed charges against me to satisfy some narrow political interests but became reluctant to prove their case for want of evidence. The trial became an object of a political witch hunt and scapegoatism, as the EFCC needed to hang corruption charges on my neck as a way of sustaining FGN’s claims against the implementation of the Settlement Agreement in foreign jurisdictions such as Milan- Italy, the United States of America and the United Kingdom.
Predictably, these foreign jurisdictions examined the OPL 245 transaction and my role in implementing the Settlement Agreement and, in their reasoned judgments, held that there were no infractions of a criminal nature. Consequently, the charges in Milan-Italy were quashed, the United States Department of Justice found no criminality in the transaction, and the United Kingdom Commercial Court, which interestingly in affirming the legality of the transaction, commended the role I played in the implementation of the Agreement.
I am delighted to observe that despite the campaign of calumny launched against me by the EFCC domestically and internationally, which essentially deprived me of my livelihood as a Lawyer and Arbitrator since 2016, and loss of family life and reputation, I survived. God was kind to me by granting me good health and friends who came to my aid in several ways. Now that the trial is over, I have the option of suing the Nigerian State and all those who contributed to my ordeal. While contemplating the next steps, I leave all my traducers to their conscience and the judgment of posterity. I am grateful to the Almighty Allah for divine mercies and blessings, my family for standing by me and enduring the public odium associated with trials of this nature, my friends for living up to the name and my lawyers for their forbearance and industry.
Despite my ordeal, my faith in the Nigeria Project is not misplaced or shaken. I will continue to contribute my quota to the progress and development of our great country.
MOHAMMED BELLO ADOKE, CFR, SAN, FCI arb (UK), DSSRS