Malabu oil scam: FG files fresh 42-count charge against Adoke, others
The Federal Government has filed a fresh 42-count charges against former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke and six others over alleged fraud in the $1.1 billion Malabu oil deal.
The Federal Government in a document with charge number CR/151/2020, filed at the High Court of the Federal Capital Territory accused Adoke and others of allegedly receiving gratification in carrying out a fraudulent oil deal.
According to the Federal Government, as Attorney-General, Adoke mediated controversial agreements that ceded OPL 245 to Shell and ENI who in turn paid about $1.1 billion dollars to accounts controlled by an ex-convict and former petroleum minister, Dan Etete.
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Etete, now at large, was a former Petroleum Minister under the regime of General Sani Abacha.
Since he left the country after the administration of former President Goodluck Jonathan, Adoke only returned into the country on December 19, 2019 from Dubai, United Arab Emirates, into the waiting arm of operatives of the Economic and Financial Crimes Commission, EFCC, at the Nnamdi Azikiwe International Airport, Abuja.
Adoke, who fled the country in 2015, has pending criminal charge brought against him by the EFCC for alleged abuse of office and money laundering in respect of the granting of the Oil Prospecting Licence (OPL) 245 to Shell and ENI.
In the charge dated 14th January, 2020 and filed on the 15th January, the Federal Government also charged Rasky Gbinigie, A. Abubakar, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Limited and Shell Nigeria Exploration Production Limited.
According to the charge, the former AGF in August 2013 in Abuja while serving as a minister knowingly received United State Dollars equivalent of N300 million which is reasonably suspected of having been unlawfully obtained and thereby committed offence punishable under Section 319A of the Penal Code, Cap. 532laws of the federation of Nigeria 1990.
The Federal Government charge signed by Bala Sanga on behalf of the Economic and Financial Crimes Commission, EFCC, further said that one of the accused persons, Rasky Gbinigie conspired with Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani to open a Bank Account No. 2018288005 with a commercial bank to receive the sum of $401,540,000.00.
According to the charge, the accused persons committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code.
In count seven, Adoke was said to have in September 2013 knowingly and unlawfully obtained the sum of US dollars equivalent to N367, 318,800 and thereby committed an iffebce punishable under Section 319A of the Penal Code, Cap.532 laws of the federation of Nigeria 1990.
In the charge, Gbinigie, the company secretary of Malabu oil, was said to have made false resignation letter signed by one Alhaji Hassan Hindu as having resigned from the Board of Malabu Oil and Gas Limited with intent to commit fraud.
Some of the charges against the accused person read: “That you Mohammed Bello Adoke, being a public servant at the material time, the Attorney-General and Minister for Justice of the Government of Nigeria, sometime in August 2013, in Abuja, within the jurisdiction of this Honourable Court was in possession and custody of the sum of N300m reasonably suspected to have been unlawfully obtained and thereby committed an offence an offence under section 319A of the Penal Code and punishable under the same section of the Penal Code;
*That you Mohammed Bello Adoke, being a public servant at the material time, the Attorney-General and Minister for Justice of the Government of Nigeria, sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, accepted for yourself without consideration, the sum of N300m to broker the negotiation and signing of the Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited and thereby committed an offence under section 119 of the Penal Code and Punishable under the same section of the Penal Code;
*That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani, which you then knew to be forged documents to open a Bank Account No. 2018288005 to receive the sum of $401,540,000.00 and you thereby committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code;
*That you Malabu Oil and Gas Limited, Shell Nigeria Exploration Production Company Limited, Shell Nigeria Ultra Deep Limited, Nigeria AGIP Exploration Limited and Dauzia Loya Etete (at large), sometime in 2012, in Abuja, within the jurisdiction of this Honourable Court, all aided Mohammed Bello Adoke to waive taxes due to the Federal Government of Nigeria by illegal means through the execution of the Block 245 Resolution Agreement between the Government of Nigeria with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited that you thereby committed an offence contrary to section 79 of the Penal Code and punishable under section 364 of the Penal Code;
*That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in August 2013, in Abuja, within the jurisdiction of this Honourable Court, forged the resolution of Malabu Oil and Gas Limited which you filed along with Form CAC7 dated 2nd June 1998 at the Corporate Affairs Commission to remove one Mohammed Sanni as a shareholder of Malabu Oil and Gas Limited thereby committing an offence contrary as prescribed by section 363 of the Penal Code and punishable under section 364;
*That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in August 2013, in Abuja, within the jurisdiction of this Honourable Court, all conspired to forge forms CAC7 and Board Resolution of Malabu Oil and Gas Limited and that the same act was done in pursuance of the agreement and that you thereby committed an offence contrary to section 96 of the Penal Code and punishable under section 97 of the Penal Code;
*That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani which you then knew to be forged documents to open a Bank Account No. 2018288005 to receive the sum of $401,540,000.00 (Four Hundred and One, Five Hundred and Forty Thousand United States Dollars) and you thereby committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code;
*That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani which you then knew to be forged documents to open a Bank Account No. 3610042472 to receive the sum of $400,540,000.00 (Four Hundred Thousand United States Dollars) and you thereby committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code.
