ABUJA– Trial Justice Idris Kutigi of a High Court of the Federal Capital Territory sitting at Jabi, on Wednesday, slammed the Economic and Financial Crimes Commission, EFCC, over its tardy prosecution of defendants involved in alleged $1.1 billion Malabu Oil fraud.
Among those on trial over the alleged fraud, is a former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, SAN.
Adoke is being prosecuted over alleged role he played in the “fraudulent” transfer of ownership of an oil bloc, OPL 245, regarded as one of the biggest in Africa.
He was docked alongside two others; Aliyu Abubakar, Rasky Gbinigie and four companies- Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Ultra Deep Limited and Shell Nigeria Exploration Production Company Limited.
The defendants, who were initially docked before the court on January 23, 2020, pleaded not guilty to an amended charge that was read to them before Justice Kutigi.
At the resumed proceeding in the matter on Wednesday, EFCC drew the irk of the trial judge, following its failure to produce witnesses for continuation of hearing into the matter.
EFCC’s lawyer, Mr. Ofem Uket, told the court that he had only one witness in court to testify against the defendants.
Asked if it was the last witness in intended to produce in the matter, Uket replied in the negative.
He told the court that he had another witness that could not make it to the proceeding considering the fact that he is resident in Canada.
The prosecution counsel added that though the said witness was present in court on the last adjourned date, the case could not be heard as the judge was involved in an election petition tribunal.
Uket said he needed assurance that the trial was going to hold before inviting the witness from Canada so as to save cost.
Infuriated by the submission of the prosecution counsel, trial Justice Kutigi berated the Commission for attempting to blame the delay in prosecution of the case on the court.
“Whether he (witness) is in Canada, I don’t care. Is that how it is done in the EFCC?
“That I should give you assurance? They can’t sit in their office in EFCC and dictate what happens in this court. I run the court not you!
“Is that how it is done in Canada? We can’t run a case for four years. That is scandalous!” Justice Kutigi added.
Thereafter, the EFCC proceeded to present its 10th witness, Ibrahim Ahmed who is one of its Chief Superintendents.
In his Evidence-in-Chief, Ahmed, said his team was assigned to investigate the Malabu case, following a petition he said was sent to the EFCC by A.A Umar & Co, a law firm, on behalf of Mohammed Sani (Abacha’s son) and Pecos Energy Ltd.
According to the witness, the petitioners, had alleged that a former Petroleum Minister during the regime of late military dictator, Gen. Sani Abacha, Chief Dan Etete, and Shell Nigeria Ultra Deep Ltd, Shell Nigeria Exploration & Production Company, Gbinigie and others, forged documents in which they removed the petitioners as shareholders and Directors of the company.
He said the petitioners further alleged that the $1.3 billion which was the amount OPL 245 was sold, was misappropriated.
More so, the witness told the court that several documents were obtained and over 80 persons invited for questioning.
He said findings by the agency revealed that names of the Directors and Shareholders of Malabu, were changed several times.
The PW-10 told the court that his team uncovered that in 2006, another registration was done by Kwekwu Amafegha, Mohammed Sani and Hassan Hindu which changed directorship of the company as if it had never been done before.
He said one Seidougha Munamuna was holding 50% shares of the company with another person identified as Amara Joseph, owning the other 50% shares.
The witness told the court that the Corporate Affairs Commission, CAC, later confirmed to the EFCC that the new filings did not follow due process and they were then expunged by the Commission.
He said it was the same illegal documents that were used to open company accounts for Malabu in First Bank and Keystone Bank, with Chief Etete listed as th sole signatory to the accounts.
He said after negotiations and intervention by the federal government on dispute sorounding the OPL 245, Shell and Eni were allocated equal shares of the oil bloc after they committed to pay a total of $1.3 bn.
Ahmed FG released $401,540,000 into Malabu’s first Bank account and another $ 401 million was released into Malabu Keystone Bank On August 29, 2011.
The witness said the funds were subsequently laundered through bank accounts both within and outside the country.
Meanwhile, attempt to tender seven confessional statements the witness said were made by 2nd defendant, was vehemently resisted by his lawyer, Chief Wole Olanipekun, SAN, and that of the former AGF, Kanu Agabi, SAN.
Justice Kutigi adjourned the matter till Thursday to determine the admissibility of the documents.