Malabu Oil Scam: Court discharges former AGF Adoke, others
Justice Abubakar Kutigi of the FCT High Court discharged Mohammed Bello Adoke, the former attorney general of the federation, and six others on Thursday.
They were charged with infractions relating to the controversial Oil Prospecting Licence (OPL) 245, otherwise known as the Malabu Oil scam.
The Economic and Financial Crimes Commission dragged Adoke and other defendants before the court on an amended 40-count charge bordering on disobeying the direction of the law, offering and receiving gratification, conspiracy, and forgery, among other things.
Mr Adoke, who served as Nigeria’s justice minister under then-President Goodluck Jonathan, was prosecuted by EFCC in the suit, marked FCT/HC/CR/151/2020.
Others were Aliyu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited.
In ruling on the no-case submission filed by the defendants, the judge held that any trial process is evidence-driven. But in this instance, the prosecution failed to produce certain documents or call some witnesses to prove its case.
He further held that the prosecution has failed to prove the essential elements of the offences the defendants were charged with before the court.
According to him, though the defendants were constitutionally presumed to be innocent, the prosecution had to produce sufficient evidence to establish a prima facie case against them and warrant the court’s call on them to enter their defence.
Mr Kutigi held that the prosecution failed to establish a prima facie case against the defendants in the current case. He cited situation three, which involved three counts of forgery, yet the prosecution failed to tender relevant documents as exhibits.
The judge further held that a charge must not be filed to do so, submitting that a frivolous charge damages the judicial system. In his final written address, he commended the prosecution counsel for accepting that the prosecution had not made a case against the defendants.
Mr Kutigi, however, lamented that it took the prosecution four years before realising it.
”The defendants ought not to have been charged in the first instance. This stemmed from the fact that the prosecution failed to produce before the court the minimum evidence to enable the court to order the defendants to enter their defence,” he said.
The judge held that to allow the case to continue, considering the totality of evidence brought before the court by the prosecution, is likened to inflicting undue hardship and injustice on the defendants.
Therefore, he discharged all the defendants of the charge preferred against them, to which they pleaded not guilty. He held further that the consequence of such discharge is an acquittal and a dismissal of the charge against them on merit.
“On the final analysis, my firm decision is that the evidence adduced by the prosecution on record is not sufficient to justify the continuation of this trial. In other words, the prosecution has failed to tender required minimum evidence to establish the essential elements of all the counts of the offences that they (defendants) have been charged with respectively.
“For this reason, I hereby preclude them from entering upon their defence and accordingly, I hereby discharge the defendants of the entirety of the charge preferred against them,” the judge ruled.
Reacting to the court’s ruling while speaking with journalists, Mr Adoke expressed gratitude to God that it was all over and he could now get his life back.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette
Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”
States
Anambra government partners FG on food security
The Anambra government says it will reactivate existing dams and enhance irrigation farming in partnership with the federal government to boost food production.
Politics
Shettima leads APC’s final rally for Edo guber poll
In his address, Mr Shettima described the APC candidate, Monday Okpebholo, as a seasoned leader with a proven track record of excellence.
States
Two die as car rams into tanker in Anambra
FRSC sector commander Joyce Alexander confirmed in Awka on Saturday, saying it could be attributed to brake failure and loss of control.
States
Lagos govt promises free traffic flow as Dangote Refinery begins fuel distribution Sunday
Mr Giwa said the state government would rigorously enforce the regulations to avert traffic disruptions and ensure seamless vehicular movement.
Education
Ondo varsity laments projects abandoned on campus by NDDC, OSOPADEC
The vice-chancellor of the state-owned university said the institution needed more infrastructure to accommodate the increasing population of students.
Lagos
Over 100 trucks deployed to Dangote Refinery for petrol loading: NNPC
“As of Saturday afternoon, NNPC Ltd. had deployed more than 100 trucks, with hundreds more en route,” the company said.