Court remands Adoke, 2 others in EFCC custody
.As ex-AGF, others plead not guilty to charges
Justice Abubakar Kultigi on Thursday remanded former Attorney General of the Federation and Minister of Justice, Mohammed Adoke and two others standing trial on 42-count charge over Malabu Oil deal in the custody of Eonomic and Financial Crimes Commission (EFCC) pending their bail applications.
The defendants, Mohammed Adoke, A. Aliyu and Rasky Gbinigie pleaded not guilty to the charges.
The Court entered plea of not guilty for Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Limited and Shell Nigeria Exploration Production Limited being corporate entities.
Justice Kultigi, whose court sat in Gwagwalada area of Abuja, gave the order for the defendants to be in the custody of the EFCC and adjourned till Monday January 27, 2020 to hear the defendants bail applications.
Prosecution counsel, Bala Sanga, had told the Court to remand the defendants at Kuje National Correctional Centre as he argued that the EFCC detention facility was filled up. He also said that he needed five days to respond to defendants bail applications.
But counsel to Adoke, Aliyu and Gbinigie urged the court to remand them in the custody of EFCC.
Chief Mike Ozkhome (SAN), counsel to Adoke, asked the Court remand the defendant particularly Adoke in the custody of the EFCC because of his health conditions.
Counsel to Aliyu, the second respondent, Chief Wole Olanipekun (SAN) and Mahmud Magaji (SAN), counsel to the the third respondent, Rasky Gbinigie, the Secretary of Malabu Oil and Gas Limited, also pleaded that the defendants be remanded in EFCC custody.
Justice Kultigi stood down his ruling for five minutes to enable the lawyers – Chief Mike Ozkhome (SAN), Chief Wole Olanipekun (SAN), Mahmud Magaji (SAN) who represented the 1st, 2nd and 3rd respondents respectively and the prosecution counsel- Bala Sanga, to agree on the venue suitable to remand the defendants and date for their bail applications.
At the resumed hearing, Olanipekun informed that subject to the approval of the court, they have agreed to return to the court on Monday January 27, 2020 for the bail application while the defendants should be remanded at EFCC custody.
Some of the changes read as follows:
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 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 the former AGF in August 2013 in Abuja while serving as a minister knowingly received United State Dollars equivalent of N300million 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, acting Chairman, Mr. Ibrahim Magu, 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.
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