The immediate past Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN) has applied to the Commercial Courts of the Property and Business of England and Wales for the redaction of the witness statements of his successor, Abubakar Malami (SAN) from the court records.
He wants the court to delete from its records the statements made in respect of the Malabu Oil Block (OPL 245).
Besides, he wants damages from Malami for some imputations against him on the Malabu oil deal.
In addition, he claims he was not involved in the negotiation between the Federal Government and Process and Industrial Developments (P&ID) which led to a $9.6 billion judgment debt against Nigeria.
According to him, witness statement of Malami absolved him of any involvement and consequently, records linking him with the matter should be deleted by the English Court.
Although it was not immediately clear if the order of the English Court might have effect on Adoke’s trial in Nigeria, the law allows domestication of a foreign court order or judgment.
In an August 13, 2020 application before the court, the ex-AGF said Malami pronounced him guilty before the English court on a matter that was pending before the FCT High Court and the Federal High Court in Nigeria.
Malami had in a statement of witness on December 5, 2015 alleged that “the OPL 245 case involved large-scale corruption and fraud at the highest levels of Nigerian government.
He said in addition to the English proceedings, the EFCC had brought charges against former Nigerian officials and some major oil companies, including Adoke.
He said Adoke was charged with corruption and money laundering for receiving funds as payment for negotiation he allegedly brokered between Shell, Eni and Malabu for OPL 245.
But Adoke said Malami’s statements amounted to “an infringement of my fundamental right to fair hearing under Section 36(5) of the Constitution of the Federal Republic of Nigeria.”
He noted that the statements constituted an “unlawful pronouncement of my guilt” by the Attorney-General of the Federation with the aid of the United Kingdom Court, a court without jurisdiction in the pending criminal charges filed against him in the Nigerian courts under charges numbers FCT/HC/ CR/124/2017 and FHC/ABJ/CR/ 39/2017.
He also stated that the witness statement of Malami filed in the proceedings suggested that “there is no evidence implicating Adoke in the P&ID, and that investigations are ongoing.”
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