Justice Abubakar Kutigi of the FCT high court has dismissed charges of fraud, bribery, and conspiracy filed against Mohammed Bello Adoke, the former attorney-general of the federation, by the Economic and Financial Crimes Commission (EFCC).
In a decisive verdict on the “no case” submission presented by Adoke, Justice Kutigi stated that the EFCC failed to substantiate its accusations of fraud, bribery, and money laundering. Consequently, he declared that the defendant had no case to answer and acquitted him of all charges.
The judge emphasized that the allegations regarding illegal tax waivers granted to Shell and Eni lacked corroboration from the Federal Inland Revenue Service (FIRS) or any other authoritative body.
Regarding the purported N300 million bribe allegedly received by Adoke from Aliyu Abubakar, the court ruled that the EFCC failed to furnish sufficient evidence to support its claims.
With this ruling, Nigeria has faced setbacks in nearly all the OPL 245 cases pursued in Italy, the UK, and within the country. This development signals the imminent conclusion of litigation surrounding the OPL 245 saga.
Acknowledging the EFCC’s admission of insufficient evidence to contest Adoke’s no-case application, the court underscored the agency’s insistence that Rasky Gbinigie, another defendant, should answer charges related to the alleged forgery of company documents.
The charges against Adoke stemmed from accusations leveled by the EFCC on January 15, 2020, before the FCT high court, Abuja. Alongside Aliyu Abubakar and Gbinije of Malabu Oil & Gas Ltd, Adoke was accused, among other things, of accepting a N300 million gratification over the OPL 245 resolution.
He was further charged with conspiring with co-defendants to commit the offense of a public servant disobeying the law’s direction with the intent to cause harm or protect individuals from punishment or property from forfeiture.
Adoke consistently refuted all allegations, maintaining that he was a victim of political persecution orchestrated by former President Muhammadu Buhari on behalf of the Abacha family, who felt aggrieved in the OPL 245 transaction.
The OPL 245 saga traces its origins to April 9, 1998, when the federal military government awarded the oil block to Malabu Oil and Gas Ltd, purportedly owned by Mohammed Abacha and Dan Etete. Subsequent developments, including the revocation of Malabu’s license by President Olusegun Obasanjo and its eventual reinstatement, marked the beginning of a protracted legal dispute involving Shell and Eni.
Despite multiple legal battles, including arbitration and international campaigns alleging fraud, recent rulings have favored the defendants. Notably, a UK court declined jurisdiction in a case against Shell/SNUD and Eni seeking compensation of $1.1 billion, while an Italian court acquitted all defendants of corruption charges related to the $1.1 billion deal.
In a twist, Adoke claimed that Ibrahim Magu, the former acting chairman of the EFCC, had apologized to him for orchestrating the criminal trials aimed at securing favorable outcomes for Nigeria, efforts that ultimately proved futile.
While Adoke’s recent acquittal represents a significant legal victory, another trial before Justice Inyang Ekwo of the federal high court in Abuja looms. Though unrelated to the OPL 245 transaction, this case mirrors previous charges leveled against Adoke, alleging his involvement in a N300 million bribe linked to the oil block’s sale to Shell and Eni by Malabu Oil & Gas Ltd in 2011.
Despite Adoke’s no-case submission, Ekwo is yet to deliver a ruling in this ongoing trial, leaving the final chapter of the OPL 245 saga awaiting its conclusion in the halls of justice.