By Ise-Oluwa Ige
ABUJA—FEDERAL Government, yesterday, said it would not bungle the on_going trial of notable individuals and corporate persons allegedly involved in the Halliburton bribe-for-contract scam before two courts in Abuja.
Attorney_-General of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN, who gave the assurance in his office said the mounting tension in the polity over the Halliburton trial in the last two weeks was needless because “this administration is committed to waging war against corruption in order to assure the future of our children.”
Adoke said that the Federal Government’s withdrawal of the charge against the construction giant, Julius Berger, in one of the Halliburton cases did not amount to compromise or intention to bungle the cases.
He said the decision was not only prudent but also practical taking into account the available evidence and the potential hurdle of the evidentiary burden of proof.
It would be recalled that the media had reported, earlier in the week, that the construction giant, Julius Berger, had allegedly pleaded guilty to being an accessory and conduit for distributing bribes to top government officials in respect of Siemens and Halliburton scandals and had allegedly entered into an agreement with the Federal Government to pay $29.5 million in settlement.
Many Nigerians had reacted either way on the decision by the government to withdraw the charge, with some imputing compromise and intention by the government to bungle the case.
But the Attorney-General of the Federation, Adoke, SAN, said there was no such intention and that the government was ready to get to the logical end of the cases.
He added that the Federal Government had concluded arrangement with top lawyers in the country who are well versed in criminal jurisprudence including NBA President, Chief J B Daudu, SAN, to prosecute the case for the government.
He also said that the government intended to file a civil action against Halliburton Corporation in the United States to seek compensation and restitution within the next two weeks.
Adoke, SAN, who addressed newsmen alongside the Executive Secretary of the Human Rights Commission explained that although the agreement the Federal Government entered into with Julius Berger before withdrawing the case against it was “subject to confidentiality protections,” but that in the interest of the public, he would disclose it.
Quick summary
He said: “By way of a quick summary, there are two sets of criminal actions that have been instituted in the Halliburton matter. One set of charges were filed in the Federal High Court, Abuja, and the other set of charges were filed in the FCT High Court, Abuja.
“The Federal High Court matter involves Bodunde Adeyanju and Julius Berger Nig Ltd as well as its affiliates and employees (collectively, the ‘Julius Berger Parties’).
The FCT High Court matter involves Ibrahim Aliyu and other named persons. These matters will be prosecuted on a parallel basis.”
But the trial of the seven persons including Personal Assistant to former President Olusegun Obasanjo, Mr. Adeyanju Bodunde, and corporations indicted in the bribery scandal took off on a shaky ground on September 7 as the Federal Government asked for more time to enable it to effect service of the charges on the accused persons.
When the court registrar called the case, a state counsel, Mrs. Omotunde Fatunde, asked the trial judge, Justice David Okorowo, to grant her a short adjournment to enable government to serve the suspects with the charges.
Justice Okorowo, however, said he could not adjourn the case to any specific date but would rather return the case file to the Chief Judge of the Federal High Court, Justice Dan Abutu, to re_assign to another judge.
One of the two charges filed against the suspects by the Federal Government was filed at the Federal High Court in Abuja, while the other was filed at the Abuja High Court.
The case at the Federal High Court with suit number FHC/ABJ/CR/146/2010 had six suspects who allegedly made the $5 billion payment to Bodunde.
Other suspects charged before the Federal High Court were George Mark, Jeffrey Tesler (said to be at large), Hans George Christ, Heinrich J. Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH.
The suspects at the Abuja High Court will answer to a 13_count charge. They are Ibrahim Aliyu (a former federal permanent secretary), Air Vice Marshall Abdullahi Dominic Bello; Mohammed Gidado Bakare; Urban Shelter Limited; Intercellular Nigeria Limited; Sherwood Petroleum Limited; Tri_Star Investment Limited; Maizube Holdings Limited; TSKJ Nigeria Limited _
(a) Technip S.A.; (b) Snamprogetti Netherlands B.V. (c) Kellog Brown and Root Inc(d) Japan Gasoline Corporation of Japan.Albert J. Stanley had already admitted before a Houston Court in the US on September 4, 2008, that he channelled more than $180 million in bribe to senior Nigerian government officials.
Stanley alleged that the bribe was channeled through a UK_based lawyer, Mr. Jeffery Tesler, in four installments of $60 million, $32.5 million, $51 million and $23 million.
The Federal Government had said it might move for the extradition of Tesler to hasten the trial of the suspects.
Part of the charges against the six suspects are: “That you, George Mark, Jeffrey Tesler (now at large), Hans George Christ, Heinrich J. Stockhausen; Julius Berger Nigeria Plc, Bilfinger Berger GMBH, some time between 2002 and 2003 within the jurisdiction of this Honourable Court conspired among yourselves to make several cash payments in the sum of US$1 million (five times) totalling in equivalent the sum of $5 million to one Adeyanju Bodunde and thereby committed an offence contrary to Section 16 of the Money Laundering Act 1995 (as saved by Section 23(2) of the Money Laundering Act 2004) and punishable under Section 15(2) and (3) of the Money Laundering Act 1995 (as saved by Section 23(2) of the Money Laundering Act, 2004).”
Meanwhile, Adoke is to sue Halliburton for $2 billion in the United States over the bribe scandal.
Halliburton, had, in February last year pleaded guilty to federal charges in the US that it paid $180 million in bribes to Nigerian officials to secure the NLNG contracts.
Kellogg, Brown and Root, the engineering, construction and services company and its former parent, Halliburton, had agreed to pay a combined $579 million to settle US criminal and civil charges that KBR bribed Nigerian government officials to obtain contracts.
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