The Economic and Financial Crimes Commission (EFCC) on Monday filed 42 charges against a former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), and six others in connection with the controversial $1.09b Settlement Agreement on Malabu Oil Block.
Others facing trial are Nigeria Agip Exploration Limited(ENI); Shell Nigeria Ultra Deep Limited; Shell Nigeria Exploration Production Company Limited; Malabu Oil and Gas Limited; Aliyu Abubakar and Rasky Gbinigie.
They are to be arraigned today before the High Court of Justice of the Federal Capital Territory (FCT).
Although a former Minister of Petroleum Resources, Dan Etete and two others Munamuna Seidougha and Amaran Joseph – were implicated by the EFCC, they are unable to face trial because they are “at large.”
A Nigerian, Emeka Obi and an Italian Gianluca Di Nardo were jailed for four-years in 2018 by a court in Milan, Italy.
Obi and Di Nardo, were jailed for allegedly being middlemen and collecting kickbacks.
Others awaiting trial are Eni CEO Claudio Descalzi and four ex-Shell managers including former Shell Foundation Chairman Malcolm Brinded.
The beginning of the trial of seven suspects today by Justice A.I. Kutigi of the FCT High Court in Gwagwalada is the Nigerian content of the international investigation of the Malabu Oil scandal.
In the charge sheet, the EFCC accused Adoke of allegedly collecting N300million to facilitate and negotiate Oil Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited; and Shell Nigeria Exploration Production Company Limited.
The charge sheet, marked as CR/151/2020, is signed by Bala Sanga, Aliyu Yusuf, Offem Uket, M.S. Mohammed and H.A. Shehu.
Some of the charges read: “That you Mohammed Bello Adoke, whilst being a public servant, as Attorney-General and Minister of Justice of the Government of Federation of Nigeria at the material time, sometime in 2013 in Abuja, within the jurisdiction of this Honourable Court, accepted from Aliyu Abubakar a gratification of the sum of other than lawful remuneration, as a motive for facilitating and negotiating the Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, and Shell Nigeria Exploration and Production Company Limited, and thereby committed an offence under section 115 of the Penal Code and punishable under the same section of the Penal Code.
“That you Mohammed Bello Adoke, while being a public servant at the material time, the Attorney-General and Minister for Justice of the Government of Nigeria, sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, accepted for yourself without consideration, the sum of N300m to broker the negotiation and signing of the Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited and thereby committed an offence under section 119 of the Penal Code and Punishable under the same section of the Penal Code.
“That you Mohammed Bello Adoke, while being a public servant as the Attorney-General and Minister for Justice of the Government of the Federation, Shell Nigeria Exploration Production Company Limited; Shell Nigeria Ultra Deep Limited; and Nigeria AGIP Exploration Limited sometime in April 2011 in Abuja, within the jurisdiction of this Honourable Court, knowingly disobeyed the direction of law as to your conduct as such public servant intending thereby to cause injury to the public in respect of Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria AGIP Exploration Limited, Shell Nigeria Exploration Production Company Limited in which you agreed to waive taxes due to the Federal Government of Nigeria and thereby committed an offence contrary to Section 123(a) of the Penal Code Cap. 532 Laws of the Federation of Nigeria(Abuja) 1990 and punishable under Section 123 of the same Penal Code.
“That you Aliyu Abubakar sometime in August 2013 in within the jurisdiction of this Honourable Court offered gratification to Mohammed Bello Adoke, a public servant and Attorney-General and Minister of Justice of the Federation of the sum of US dollars equivalent of N300million in the circumstance and for the purpose of facilitating and negotiating the Block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, and Shell Nigeria Exploration and Production Company Limited, and thereby committed an offence contrary to Section 118 of the Penal Code, Cap 532 Laws of the Federation of Nigeria(Abuja) 1990 and punishable under Section 118 of the same Penal Code.
“That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani, which you then knew to be forged documents to open a Bank Account No. 2018288005 to receive the sum of $401,540,000.00 and you thereby committed an offence 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 (at large), sometime in 2012, in Abuja, within the jurisdiction of this Honourable Court, all aided Mohammed Bello Adoke to waive taxes due to the Federal Government of Nigeria by illegal means through the execution of 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 thereby committed an offence contrary to section 79 of the Penal Code and punishable under section 364 of the Penal Code.
“That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in August 2013, in Abuja, within the jurisdiction of this Honourable Court, forged the resolution of Malabu Oil and Gas Limited which you filed along with Form CAC7 dated 2nd June 1998 at the Corporate Affairs Commission to remove one Mohammed Sani as a shareholder of Malabu Oil and Gas Limited thereby committing an offence contrary as prescribed by section 363 of the Penal Code and punishable under section 364.
“That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in August 2013, in Abuja, within the jurisdiction of this Honourable Court, all conspired to forge forms CAC7 and Board Resolution of Malabu Oil and Gas Limited and that the same act was done in pursuance of the agreement and that you thereby committed an offence contrary to section 96 of the Penal Code and punishable under section 97 of the Penal Code.
“That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani which you then knew to be forged documents to open a Bank Account No. 2018288005 to receive the sum of $401,540,000.00 (Four Hundred and One, Five Hundred and Forty Thousand United States Dollars) and you thereby committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code.
“That you Rasky Gbinigie, Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), sometime in 2013, in Abuja, within the jurisdiction of this Honourable Court, dishonestly used as genuine the forged form CAC 7 and Board Resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani which you then knew to be forged documents to open a Bank Account No. 3610042472 to receive the sum of $400,540,000.00 (Four Hundred Thousand United States Dollars) and you thereby committed an offence contrary to section 366 of the Penal Code and punishable under the same section of the Penal Code.
