Justice Abubakar Kutigi of a Federal Capital Territory High Court has fixed February 29 for ruling in the “no -case” submission filed by former Justice Minister, Mohammed Adoke, SAN, and six others.
Adoke is charged along with Aliyu Abubakar; Rasky Gbinigie; Malabu Oil and Gas Limited; Nigeria Agip Exploration Limited; Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited with the controversial Oil Prospecting License (OPL) 245, otherwise known as Malabu Oil scam
Justice Kutigi, while ruling in an oral application for adjournment by the Economic and Financial Crimes Commission (EFCC) in the trial, held that the court is a temple of justice.
He declared that the court could not be at the whims of anybody or institution, even asserting that lawyers, as ministers in the temple of justice, have roles to play in strengthening the capacity of the court.
Adoke, who served as AGF and Minister of Justice under the administration of former President Goodluck Jonathan, was dragged before the court by EFCC in the suit, marked FCT/HC/CR/151/2020, on an amended 40-count charge bordering on the controversial Malabu Oil scam.
Earlier, the prosecution counsel Sylvanus Tahir SAN, told the court that though the business of the day was adoption of written addresses in the no-case submission made by the defendants, he had the mandate of the EFCC Chairman to seek a short adjournment.
Tahir informed the court that the chairman instructed him on Thursday to appear in court in the case, adding that at the highest level, the government was looking at the case.
He added that the case was of particular interest to the government as it concerned the controversial OPL 245 and wanted to look at it in the interest of all.
He further said that the complainant in the case is the Federal Republic of Nigeria and that the case was initiated before the current administration came onboard.
EFCC’s oral application for a short adjournment was vehemently opposed by all the defendants and counsel.
They submitted that it was unfair for the prosecution to make such application when issues had been joined in the no-case submission by their respective clients. Chief Kanu Agabi SAN, Adoke’s counsel, said the former AGF was brought to court under suspension and could not practise as a lawyer in the almost four years the case had been in court.
Wole Olanipekun SAN, counsel for Abubakar, asserted that the court cannot adjourn because the EFCC chairman wanted an adjournment.
He added that the Attorney-General of the Federation, upon assumption of office, has the power to review the case.
While counsels for other defendants, including Adeyemi Sekoni Lawal; Isiaka Kadiri; Joe Kyari Gadzama SAN; O Opasanya SAN, in that order, aligned their submissions with those of Agabi and Olanipekun. [Vanguard]
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