The arraignment of former Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), and his co-defendants accused of fraud in respect of Malabu Oil scam was stalled on Wednesday.
The planned arraignment could not go ahead today before an FCT High Court in Gwagwalada, due to the failure of the Economic and Financial Crimes Commission (EFCC) to serve all the defendants with the charge sheet in the alleged fraudulent activities in the $1.1billion Malabu oil deal.
EFCC’s lead counsel, Bala Sanga, told the court that the commission had only served the charge on the fifth, sixth and seventh defendants – Nigeria Agip Exploration, Shell Nigeria Ultra Deep Limited, and Shell Nigeria Exploration Production Company Limited, while it had not served Adoke, Aliyu Abubakar, Rasky Gbinigie and Malabu Oil and Gas, the other defendants.
He said the commission had not served the second defendant, Aliyu Abubakar, because he had been on the run and was only arrested Wednesday morning.
He added that the commission wanted to ensure Aliyu’s presence in court would be ascertained before others would be served, noting his surprise to see the lawyers to the defendants in court.
Responding however, Aliyu’s lawyer, Wole Olanipekun (SAN), objected to the prosecution’s claim that his client was on the run, noting that contrary to the claim, his client voluntarily appeared in court.
Adoke’s lawyers, Paul Erokoro (SAN) and Mike Ozekhome (SAN) said the EFCC had refused to serve the 42-count charge on their client despite that he had been in the agency’s custody since December 19, 2019.
While six of the seven defendants were represented by lawyers in court, the fourth defendant, Malabu Oil and Gas Limited was not represented by a lawyer; howbeit, represented by one of its officials, who told the court that the firm had not been served.
Subsequently, counsel representing the defendants, who had yet to be served, informed the judge of their readiness to waive their rights to being served to enable the arraignment to take place.
However, Justice Idris Kutigi, insisted that trial could not proceed when the fourth defendant not represented by a lawyer had yet to be served.
Following an undertaking by the prosecuting counsel to ensure that all the defendants were served promptly, Justice Kutigi adjourned the hearing to Thursday.
Daily Trust reports that Adoke was brought to the court on Wednesday in a white bus in company of operatives of the EFCC and policemen.
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