The Federal High Court sitting in Abuja on Thursday shifted the arraignment of former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke; former Minister of Petroleum Resources, Chief Dan Etete; Aliyu Abubakar, ENI SPA, Ralph Wetzels, Casula Roberto, Pujatti Stefeno, Burrafati Sebestiano and Malabu Oil and Gas Limited to February 15, 2018.
The defendants were scheduled to be arraigned for conspiracy and defrauding the Federal Government of billions of Naira in a shady oil bloc deal before Justice John Tsoho of the Federal High Court yesterday but none of them was in court.
In the charge filed in December 2016, Adoke was accused of playing a major role in the fraudulent deal that saw the transfer of ownership of the disputed OPL 245, to two multinational oil companies, Shell Nigeria Exploration Production Company and Nigeria Agip Exploration Ltd.
When the matter came up yesterday, the prosecution counsel, Johnson Ojogbane informed the the judge, Justice Tsoho that the prosecution has not been able to reach the defendants except Abubakar and that situation has remained the same since the last adjourned date of June 16.
“My Lord, the situation has not improved since the last time I came to court. “The process of getting the defendants to appear in court to face arraignment is very cumbersome, but it is ongoing.
“We are hoping that very soon the process will be concluded” Ojogbane stated. In the circumstances, the prosecution counsel pleaded for further date to enable government complete the process, “so as to have the defendants be in court for arraignment”. In the light of Ojogbane’s submission, Justice Tsoho adjourned to February 15, 2018 for arraignment.
Thursday was the third time the arraignment had been stalled due to absence of the defendants in court. On April 3, 2017, the FG had approached the court with a request for guidance on whether or not to issue an arrest warrant against Adoke.
The prosecution counsel stated that Adoke and some of the defendants outside the shores of Nigeria, making service of writ of summons on them difficult.
Justice Tsoho pointed out that if Adoke had already been arraigned before the court and had attempted to evade trial, it would have been proper to issue warrant of arrest.
“Once a person has been arraigned before a court and is attempting to escape, then it becomes necessary to issue a warrant of arrest, the judge said. But in this case, the court stated that Adoke has not been arraigned, adding that the matter is still still being investigated.
The matter was later adjourned to June 16, but again, the arraignment could not hold due absence of Adoke in court. It was then adjourned to October 26, yet the arraignment was stalled.
The charges are part of an international collaboration to ensure that all those who took part in the $1.1 billion Oil Prospecting License (OPL 245) scandal are brought to justice.
In a bid to get to the root of what transpired in the oil bloc scam, the FG had in December 2016, filed a charge against Adoke, Etete, etc.
In March 2017, the FG instituted another charge against Adoke and those involved in the OPL 245 Oil bloc deal. In the charge filed in March 2017, count one stated that the accused persons conspired contrary to Section 26 of the Corrupt Practices and Other Related Offences Act 2000 to defraud the Federal Government of billions of Naira.
The offence is punishable under Section 12 of the same Act. The particulars of offence stated: “That you, Shell Nigeria Exploration Production Company Ltd, Nigeria Agih Exploration Ltd, ENI SPA, Ralph Wetzels (Whilst being Director of SNEPCO), Casula Roberto (Italian), (whilst being a Director of Agip), Burrafato Sabastino (Italian), while being a Director with Agip, Douzia Louya Etete (Aka Dan Etete), Mohammed Bello Adoke, Aliyu Abubakar, and Malabu Oil and Gas Ltd sometime in 2011 in Abuja, within the jurisdiction of the Court, conspired amongst yourselves to commit a felony to wit, official corruption and you thereby committed an offence.
Count two: Statement of offence: 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.
Particulars of Offence stated, “That you Douzia Louya Etete (Aka Dan Etete), Mohammed Bello Adoke, Aliyu Abubakar, and Malabu Oil and Gas Ltd, sometime in 2000 within the jurisdiction of this court, corruptly received the aggregate sum of $801,000,000.00 (Eight hundred and one million Dollars) in relation to the grant of Oil prospecting license in respect of OPL 245 from Shell Nigeria Exploration Production Company, Nigeria Agip Exploration Ltd, and ENI SPA committed an offence.
