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The EFCC, my chastisement and confirmation, By Mohammed Adoke Bello

Apr 22, 2024 | Health | 0 comments

The Federal High Court, Abuja, presided by Inyang Ekwo, J, has upheld the “No Case Submission” in response to charges levied by the Economic and Financial Crimes Commission (EFCC) against a former Attorney General of the Federation and Minister of Justice regarding the implementation of the 2006 Settlement Agreement between the Federal Government of Nigeria (FGN) and Malabu Oil & Gas Limited (Malabu) over the ownership of OPL 245.

The High Court of the Federal Capital Territory, presided by Abubakar Kutigi, J, had also upheld the “No Case Submission” to similar charges against the former Attorney General on March 28. The EFCC filed charges on the same facts in different courts to cause discomfort and expense. The former Attorney General served from April 2010 to May 29, 2015, during which he received Presidential Approval/Directive to implement the 2006 Settlement Agreement. The Federal High Court, Abuja, presided by Binta Nyako, J, declared that the former Attorney General had done no wrong by implementing the President’s lawful directives.

The former Attorney General had taken out an Originating Summons against the FGN, asking the Federal High Court, Abuja, to determine whether he, as the Attorney General of the Federation and Minister of Justice, could be held personally liable for implementing the President’s Approvals/Directives.

Despite legal opinions from the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the Minister of State Petroleum Resources, Dr. Ibe Kachikwu, confirming the legality of the transaction, the EFCC proceeded to charge the former Attorney General and other entities with corruption, money laundering, and other offenses.

Foreign jurisdictions examined the OPL 245 transaction and the former Attorney General’s role in implementing the Settlement Agreement, holding that there were no criminal infractions. Consequently, charges in Milan, Italy, were quashed, the United States Department of Justice found no criminality, and the United Kingdom Commercial Court affirmed the legality of the transaction, commending the former Attorney General’s role.

The former Attorney General is contemplating suing the Nigerian state and all those who contributed to his ordeal. Despite the campaign of calumny, his faith in the Nigerian project remains unwavering, and he will continue to contribute to the progress and development of the country.

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