Femi Oboro, counsel to Mohammed
Adoke, says his client cannot be held responsible for carrying out presidential
directives while he was a minister.
Adoke was the attorney-general of
the federation (AGF) and minister of justice under the administration of
President Goodluck Jonathan.
On Wednesday, a federal capital
territory (FCT) high court in Abuja listed him among those to be arrested over
the controversial OPL 245 deal executed by the federal government in 2011.
But in a statement on Wednesday,
Oboro described the warrant of arrest issued by the court as unlawful.
He said a court had earlier ruled
that Adoke could not answer for carrying out directives of Jonathan.
“The order came as a surprise to
our client considering the fact that the Federal High Court Abuja presided over
by Honourable Justice B.F.M Nyako had in Suit No. FHC/ABJ/CS/446/2017 given a
reasoned judgment granting to our client the following declaratory reliefs,”
Oboro said.
“The involvement of the plaintiff
in the negotiations leading to the implementation of a Settlement Agreement
dated 30th November 2006 between Malabu Oil & Gas Limited and the Federal
Government of Nigeria and the eventual execution of Bloc 245 Malabu Resolution
Agreement dated 29th April 2011 between the Federal Government of Nigeria and
Malabu Oil and Gas Limited was in furtherance of the lawful directives/approval
of the President in the exercise of his executive powers.
“The involvement of the plaintiff
in the negotiation and eventual execution of the Block 245 Resolution Agreement
dated 29th April 2011 between the Federal Government of Nigeria and Shell
Nigerian Ultra Deep Limited; and Nigeria Agip Exploration Limited; and Shell
Nigeria Exploration and Production Company Limited was in furtherance of the
lawful directives/approval of the President in the exercise of his executive
powers.
“Any correspondence/instruction
to JP Morgan or any other entity and ancillary actions and processes taken by
the Plaintiff in furtherance of the implementation of the Settlement Agreement
dated 30th November 2006; Block 245 Malabu Agreement dated 29th April 2011;
Block 245 SNUD Resolution Agreement date 29th April 2011and Block 245
resolution dated 29th April 2011were in furtherance of the lawful
directives/approvals of the President in the exercise of his executive powers.
“The Plaintiff cannot be held
personally liable for carrying out the lawful /approvals of the President while
he served as a Minister of the Government of the Federation.”
Oboro accused the Economic and
Financial Crimes Commission (EFCC) of concealing the existence of the judgement
of the federal high court, Abuja, exonerating his client from all criminal
allegations concerning the OPL 245.
“Since the criminal charges filed
by the EFCC before the Federal Capital Territory High Court of Justice, Abuja
are based on the same facts before the Federal High Court, Abuja, our client
expected that in line with the time tested traditions of prosecutorial agencies
all over the world, the EFCC and or, the Honourable Attorney General of the
Federation who was a party to the suit before the Federal High Court Abuja,
would take immediate steps after the judgment of the Federal High Court to
withdraw the criminal charges or apply to court to strike out the name of our
client from the charges,” Adoke’s lawyer said.
“It is even more worrisome that
the EFCC concealed this vital information of the existence of the Judgement of
the Federal High Court Abuja exonerating our client from all the criminal
allegations made in respect of the OPL 245 Settlement Agreement of 2011 from
the Court in their application for the warrant of arrest especially the
declaration that our client “bears no liability for obeying the lawful directives/approvals
of the president of the Federal Republic of Nigeria.”
Adoke had earlier said he would
fight the order in court because he had already been cleared of any wrong doing
by a “competent court of law”.
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