Court discharges Adoke, others in alleged Malabu Oil scam suit

Justice Abubakar Kutigi of a High Court of the Federal Capital Territory (FCT), yesterday, discharged former Attorney-General of the Federation (AGF), Mohammed Bello Adoke (SAN) and six others.

They were charged for allegedly committing infractions relating to the controversial Oil Prospecting Licence (OPL) 245, otherwise known as the Malabu Oil scam.

The Economic and Financial Crimes Commission (EFCC) 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 others.

Adoke, who served as AGF and Minister of Justice under the administration of former President Goodluck Jonathan, was prosecuted by the anti-graft agency in the suit, marked FCT /HC/CR/151/2020.

Others are 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.

Ruling on the no-case submission filed by the defendants, Justice Kutigi held that any trial processes are evidence-driven, but in the instant case, 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, establishing prima facie case against them by the prosecution had to produce sufficient evidence to warrant the court to call on them to enter their defence.

Kutigi maintained that the prosecution failed to establish any prima facie case against the respondents.

He cited the situation whereby about three counts involved forgery, yet the prosecution failed to tender relevant documents as exhibits.

The judge said a charge must not be filed to do so, submitting that frivolous charge does damages to the judicial system.

He commended the prosecution counsel for accepting in his final written address that no case had been made against the defendants.

Kutigi, however, lamented that it took the prosecution four years before realising it .