The High Court of the Federal Capital Territory in Maitama, Abuja, on Friday, granted permission to the Economic and Financial Crimes Commission (EFCC) to detain the immediate past Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, for 14 days.
Justice Othman Musa granted the request contained in an ex parte application filed and moved by EFCC’s lawyer, Fatima Mustapha, on Friday.
Mustapha said the plan to hold the ex-AGF was to enable the commission to complete its investigations of allegations involving the suspect.
Ruling, Justice Musa said, “Application to remand the suspect in EFCC custody for 14 days pending investigation is granted.”
Adoke, who has since 2016 been charged with $1.1bn Malabu oil scam, returned to the country on Thursday, ending his over four years of self-exile.
He was immediately arrested on arrival at the Nnamdi Azikiwe International Airport, Abuja, by operatives of the International Police Organisation and handed over to the EFCC.
Adoke was earlier arrested in November and had been detained by Interpol in Dubai, the United Arab Emirate, until Thursday.
Following an agreement between him, Interpol and Dubai authorities, he returned to Nigeria on Thursday.
Also, the EFCC, through one of its detectives and a member of the investigative team, Ibrahim Ahmed, has accused Adoke of embezzling “humongous sums of money” through the Malabu oil scam.
Ahmed who deposed to the affidavit filed in support of the ex parte application with which the commission obtained the court’s detention order, alleged that the ex-AGF bought “high net worth properties in Nigeria” with the proceeds of the scam.
The detective, who described Adoke as a flight risk, said the ex-minister fled Nigeria in 2015 when he learnt of the EFCC’s discrete investigations into the allegations.
He stated, “The commission is investigating a case involving Malabu Oil Nigeria Limited wherein the defendant in his capacity as the Attorney-General of the Federation and Minister of Justice between 2012 and 2015 along with his cohorts embezzled humongous sums of money and laundered same through complicated money laundering scheme and purchase of high net worth properties in Nigeria.
“That the defendant relocated and moved out of his known address and all efforts to confirm his genuine address proved abortive.
“That the defendant fled the jurisdiction of Nigeria since 2015 when he learnt that the commission was carrying out a discreet investigation to unravel his criminal enterprise.
“That the Interpol arrested the defendant in the United Arab Emirates and facilitated his return back to Nigeria on December 19, 2019.
“The defendant is now in the custody of the commission in Abuja Zonal Office, Ademola Adetokunbo Way, Wuse II, Abuja.”
He added that while on exile, Adoke visited many countries like “Ghana, Singapore, UAE, The Netherlands and others at short notices and therefore, a very high flight risk.”
He also said Adoke “is making useful statements to the commission and would be arraigned in court very soon.
“That there is a need to remand the defendant who is already in the custody of the EFCC to forestall jumping administrative bail pending his arraignment.”
But reacting to the order for the detention of Adoke on Friday, his lawyer, Chief Mike Ozekhome (SAN), described it as surprising, given the fact that the commission had long filed charges against the ex-AGF.
He said ordinarily investigations should precede the filing of charges.
He also pleaded with the EFCC to grant his client an administrative bail.
Ozekhome said, “It is quite surprising, if not distressing, to EFCC obtaining a two-week detention order to keep Mohammed Bello Adoke, SAN in its custody.
“This is a man they had already charged to court since 2017, even in absentia, whilst he was in The Netherlands pursuing his masters degree in International Law.
This is a man they forwarded his charges to the UAE and Interpol authorities, with a view to preventing them from releasing him, based on the said existing charges.
“This step led to a legal stalemate, since the UAE and Interpol authorities would not, and could never have extradited Adoke based on a non- existent warrant of arrest.
“This is because the earlier warrant of arrest issued against him in April, 2019, had since been vacated by the same Justice D.Z.Senchi that earlier issued it, on 25th October,2019, after heated court argument between government lawyers and my humble self.
“Adoke therefore elected to return to Nigeria voluntarily, purchasing his own ticket by himself, and signing as such, accordingly. I had issued a statement to the effect that Adoke was on his way back to Nigeria and would report to the EFCC with lawyers from my office upon his arrival.
“It was, therefore, a matter of great surprise that the INTERPOL still arrested him upon arrival and handed him over to the EFCC. Rather than the EFCC immediately arraigning him before a court based on charges already preferred against him even in absentia, it has resorted to obtaining an ex parte order from the FCT High Court to detain him for two weeks. We don’t want to believe that Adoke will be persecuted rather than prosecuted.
“The last time I checked, cases are first thoroughly investigated before a suspect is charged to court as has been done in the Adoke matter. Of what use is his present incarceration meant to achieve? Is it meant to subdue him? Punish him? Wear him out mentally, physically, spiritually, psychologically and psychically? Deny him justice? Subject him to public ridicule, derision, odium and obloquy? Is it meant to negatively put him in the public domain, try him, convict him and sentence him, through media trial?
“All these will neither help the course of justice nor promote constitutional democracy, with its corollary in-built safety valves of advancing inalienable human rights and liberties as recognised by extant national, sub-regional, regional and international civil rights instruments. We humbly appeal to the EFCC to accord Adoke administrative bail to take care of his poor health, the very reason he had gone to Dubai.
“In the event that this fails, we shall immediately take legal steps to vacate this ex parte order, with a view to protecting our client’s rights and securing his liberty.”
