FG will charge Adoke and 6 others for alleged fraud in the Malabu Oil deal

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By Eric Ikhilae, Abuja

With the exception of any unplanned occurrences, the Federal Government will prosecute on Tuesday the former Minister of Justice and Federal Attorney General (AGF), Mohammed Adoke (SAN) and six others before the Superior Court of the Federal Capital Territory ( FCT) on charges of fraud, acceptance of gratuity, among others.

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Also included in the indictment: Rasky Gbinigie, A. Abubakar, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, shell Nigeria Ultra Deep Limited and Shell Nigeria Exploration Production Company Limited.

The charged indictment: CR / 151/2020 is one of two charges filed against Adoke and others by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government.

The second case before the Federal Supreme Court, with Adoke and Abubakar as the two defendants, is scheduled: FHC / ABJ / CR / 39/2017.

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At the first count of the indictment pending before the Superior Court of FCT, Adoke and others are accused of receiving gratuity for allegedly entering into a fraudulent oil deal.

While acting as AGF, Adoke reportedly mediated controversial agreements that ceded OPL 245 to Shell and Eni, which in turn paid about $ 1.1 billion in accounts controlled by a former convict and former oil minister, Dan Etete.

Etete, now in general was a former oil minister under General Sani Abacha.

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In the January 14, 2020 indictment and filed on January 15, 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.

Adoke was accused of having, in August 2013 in Abuja, while serving as a minister, knowingly received the equivalent of N300million in United States dollars, which is reasonably suspected of having been obtained illegally and therefore committed a crime punishable under with Section 319A of the Penal Code, Chap. 532 laws of the federation of Nigeria 1990.

Gbinigie is said to have conspired with Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), sometime in 2013, in Abuja, used dishonestly as genuine the forged form CAC 7 and Resolution of the Management of Malabu Oil and Gas Limited and the letter of resignation of a Mohammed Sani to open a bank account at. 2018288005 with First Bank of Nigeria Plc to receive the sum of US $ 401,540,000.00.

They say that, for their action, they committed an offense contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code.

Adoke was, at count seven, allegedly knowingly and illegally obtained, in September 2013, the sum of US dollars equivalent to N367,318,800 and therefore committed an infamous punishable under Section 319A of the Penal Code, Chap.532 laws of the Federation of Nigeria 1990.

In the indictment, Gbinigie, the secretary of the Malabu oil company, reportedly said a false resignation letter signed by an Alhaji Hassan Hindu as having resigned from the Board of Malabu Oil and Gas Limited with the intention of committing fraud.

Part of the charge says:

* That Mr. Mohammed Bello Adoke, civil servant at the relevant time, Attorney General and Minister of Justice of the Government of Nigeria, in August 2013, in Abuja, under the jurisdiction of this Court, was in possession and custody of the sum of N300m reasonably suspected of having been obtained illegally and thus committed an offense, in accordance with section 319A of the Penal Code and punishable by the same section of the Penal Code.

* That Mohammed Bello Adoke, a civil servant at the material time, Attorney General and Minister of Justice of the Government of Nigeria in 2013, in Abuja, under the jurisdiction of this Court, accepted for himself without consideration, the sum of N300m to broker the negotiation and signature of the Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited and thus committed an infraction under section 119 of the Penal Code and punishable under same section of the Penal Code.

* That Rasky Gbinigie, Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), sometime in 2013, in Abuja, under the jurisdiction of this Honorable Member, used the forged dishonestly as genuine CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation from a Mohammed Sani, which you knew were fake documents to open a bank account at. 2018288005 to receive the amount of US $ 401,540,000.00 and therefore committed an offense 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 (in general), sometime in 2012, in Abuja, under the jurisdiction of this Mr. Deputy, all helped Mohammed Bello Adoke to waive taxes owed to the Federal Government of Nigeria by illegal means by executing 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 have committed an offense contrary to section 79 of the Penal Code and punishable under section 364 of the Penal Code.

* That Rasky Gbinigie, Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), in August 2013, in Abuja, under the jurisdiction of this Honorable Member, forged the Malabu Oil resolution and Gas Limited, which you filed with Form CAC7 of June 2, 1998 with the Corporate Affairs Committee to remove a Mohammed Sanni as a shareholder in Malabu Oil and Gas Limited, committing an offense to the contrary as prescribed in section 363 of the Penal Code and punishable in section 364.

* That Rasky Gbinigie, Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), sometime in August 2013, in Abuja, under the jurisdiction of this Honorable Member, all conspired to forge the forms CAC7 and Board Resolution of Malabu Oil and Gas Limited and that the same act was done in compliance with the contract and that you committed an offense contrary to section 96 of the Penal Code and punishable under section 97 of the Penal Code.

* That Rasky Gbinigie, Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), sometime in 2013, in Abuja, under the jurisdiction of this Honorable Member, used the forged dishonestly as genuine CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation from a Mohammed Sani that you knew were fake documents to open a bank account at. 2018288005 to receive the amount of US $ 401,540,000.00 and therefore committed an offense contrary to 366 of the Penal Code and punishable in the same section of the Penal Code.

* That Rasky Gbinigie, Munamuna Seidougha (in general), Amaran Joseph (in general) and Dauzia Loya Etete (in general), sometime in 2013, in Abuja, under the jurisdiction of this Honorable Member, used the forged dishonestly as genuine CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation from a Mohammed Sani that you knew were forged documents to open a bank account No. 3610042472 to receive the amount of US $ 400.540.000,00 and therefore , committed an offense contrary to 366 of the Penal Code and punishable in the same section of the Penal Code.

The indictment before the Federal Supreme Court says:

* That Mohammed Bello Adoke, in September 2013, in Abuja, under the jurisdiction of this Court, accepted as payment the sum of United States dollars equivalent to Abubakar Aliyu's N300,000,000.00 and therefore committed an offense, as specified in section 1 (a) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 16 (2) (b) of the same Law.

* That you Mohammed Bello Adoke, in September 2013, in Abuja, under the jurisdiction of this Court, made a payment of an amount of US dollars equivalent to N367,318,800.00 to a Usman Mohammed Bello and therefore committed an offense such as specified in section 1 (a) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 16 (2) (b) of the same law.

* That you Mohammed Bello Adoke, in September 2013, in Abuja, used the total sum of N300,000,000.00 when he learned that the referred funds were part of his illegal activities: payment of an amount that exceeds the limit values ​​established outside of a financial institution and you have therefore committed an offense contrary to section 15 (2) (d) and punishable under section 15 (3) of the Money Laundering (Prohibition) Act 2011 (as amended).

* That Mohammed Bello Adoke on September 13, 2013, in Abuja, made a structured cash payment in 13 installments of a total amount of N50,000,000.00 in his Unity Bank Plc account No. 0020153263, which sums did you know that it is part of an illegal act, namely: the payment of an amount that exceeds the limit values ​​established outside a financial institution, with the intention of concealing the origins of the referred funds, contrary to section 15 (2) (a) of Money Laundering Prohibition Act 2011, amended and punishable in accordance with section 15 (3) of the same law.

* That you Mohammed Bello Adoke on September 16, 2013, in Abuja, made a cash payment structured in 22 installments of a total amount of N80,000,000.00 (in your Unity Bank Plc account No. 0020153263, amounts that you knew which is part of an illegal act, namely: the payment of an amount that exceeds the limit values ​​established outside a financial institution, with the intention of concealing the origins of the referred funds, contrary to section 15 (2) (a) of the Money Laundering Prohibition Act 2011, amended and punishable in accordance with section 15 (3) of the same law.

* That you Mohammed Bello Adoke, in September 2013, in Abuja, used the total sum of N367.318.800,00 when he learned that the referred funds were part of his illegal activities namely: payment of an amount that exceeds the limits established outside a financial institution and therefore you have committed an offense contrary to section 15 (2) (d) and punishable under section 15 (3) of the Money Laundering (Prohibition) Act 2011 (as amended).

* That you Aliyu Abubakar, in September 2013, in Abuja, paid Mohammed Bello Adoke the amount of US dollars equivalent to N300,000,000.00 to Mohammed Bello Adoke and therefore committed a crime, as specified in section 1 (a) Money Laundering Prohibition Act 2011 (as amended) and punishable under section 16 (2) (b) of the same law.

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