…Explains FG’s withdrawal of charges against ex-gov Goje, Saraki

The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, on Friday, denied allegation that he tried to dissuade President Muhammadu Buhari from prosecuting some persons that were fingered in the $1.1billion Malabu oil deal.

The AGF, in a statement his media aide, Dr. Umar Gwandu, made available to newsmen, said he never at any time, “stated anywhere or advised any person or authority that there was no prima facie case in the matter”.

He said he had unequivocally maintained that all persons the Economic and Financial Crimes Commission, EFCC, indicted in its investigation report on the alleged fraudulent transfer of ownership of Oil Prospecting License, OPL, 245, be prosecuted in accordance with the relevant laws.

Malami said he only insisted that the investigation should be “watertight and intensified”, so as to ensure that essential elements of the alleged offences were established through a thorough and detailed investigation before charges were entered against the suspects by the EFCC.

The EFCC is currently prosecuting the immediate past AGF, Mr. Mohammed Adoke, SAN, six others, Aliyu Abubakar and Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Ultra Deep Limited and Shell Nigeria Exploration Production Company Limited, on a 42-count corruption charge it filed before an Abuja high court at Gwagwalada.

Following an application by the anti-graft agency, trial Justice Abubakar Kutigi, last Thursday, also issued warrant for the arrest of a former Minister of Petroleum Resources, Dauzia Loya (Dan) Etete and two others, Munamuna Seidougha and Amaran Joseph, over alleged role they played in the oil bloc fraud.

Meanwhile, in his statement, Malami, noted that  going by the cumulative effect of sections 150 and 174 of the 1999 Constitution, as amended, being the Chief Law Officer of the Federation, he has absolute control on the prosecutorial functions of both the EFCC and the Independent Corrupt Practices and other Related Offences Commission, ICPC.

READ ALSO: $1.1bn Malabu Scam: Court rules on Adoke, others’ bail request Thursday

He described as malicious, the allegation that he had since his assumption into office as the AGF, watered down many corruption cases.

He said: “Questions that readily come to mind include but not limited to the following:
If the EFCC or ICPC investigates criminal case and proceeds to file a charge in court in respect of same, does one expect the AGF to duplicate the charges in another court in respect of the same investigation and proceed to prosecute the same offence?
“Should the AGF constitute himself into a rival authority with the EFCC or ICPC and begin to investigate and prosecute cases already investigated, filed and being prosecuted by them?

“Where the need arises, should the AGF no longer exercise his constitutional power of taking over criminal matters from any federal prosecuting agency?

“It goes without saying that the convictions recorded by both the EFCC and the ICPC in the last four years were made possible by the fact that the AGF provided a very conducive atmosphere for the two agencies to carry out their statutory duties without undue interference.

“If the AGF had watered down corruption cases since he assumed office as maliciously claimed in the report, then all the convictions on corruption cases recorded by the EFCC would have been taken over and stopped by the AGF using his constitutional power of Nolle Prosequi.

“However, the AGF allowed the EFCC to thrive well due to his total commitment to the fight against corruption in line with the manifesto of President Muhammadu Buhari.

“It is common knowledge that since the EFCC filed charges against the suspects in Malabu Oil case before both the Federal and FCT High Courts, the AGF has NOT at any time approached either of the courts to withdraw the charges even though he has the power to do so pursuant to Section 174 of the Constitution.

“The assertion that the AGF misled the President that there is no case in the Malabu Oil deal is not only laughable but ridiculous and should therefore be disregarded by the right-thinking members of the general public. The AGF has been pursuing the case in Italy in relation to OPL 245 Malabu deal and has registered as interested parties in the ongoing case.  The Federal Republic of Nigeria (FRN) sued JP Morgan in London.

“The Court of Appeal ruled in favour of Nigeria on 8th October 2019 and dismissed JP Morgan Chase Bank claim to dismiss the FRN Claim and stated that JP Morgan Chase Bank has a case to answer in the FRN Claim.

“It is interesting to note that the Office of the Attorney-General of the Federation is pursuing traces of crime in relation to Malabu OPL 245 in Switzerland and Netherlands. The AGF remains resolute in looted assets recovery and the general fight against corruption.”

More so, Malami, refuted allegation that he failed to prosecute forgery case against the former Senate President, Dr. Bukola Saraki and also withdrew corruption charge the EFCC preferred against the former governor of Gombe State, Senator Danjuma Goje.

READ ALSO: Amotekun: Malami’s too many‘illegalities’

He said: “As regards the allegation that the AGF stopped the prosecution of former Senate President, Dr. Bukola Saraki for allegedly forging the Senate rules to conduct the election of principal officers of the Senate. It is important to state that for securing conviction on any crime, investigation must be done to able to establish the essential ingredients of the offence.

“It is a fundamental principle of criminal justice administration in all climes that you do not file criminal charges where investigations have not revealed prima facie case against the suspects and Nigeria is not an exception.

“As to the allegation of withdrawal of the corruption case of N25 Billion against former Gombe State Governor, Senator Danjuma Goje; the first point of correction is that the AGF did not withdraw a N25 Billion case.

“The EFCC had filed a 21- count charge of N8 Billion against Senator Goje and had been prosecuting same for over eight (8) years without the AGF’s interference but after a No Case Submission filed by Senator Goje, 19 of the 21 counts making up the N8 Billion were struck out by the court leaving only two counts bordering on the manner in which the sale of some old buses belonging to Gombe State Transport Company between 2003 and 2011 were handled under the watch of Senator Goje.

“It was the said last two counts that the AGF thoroughly reviewed in 2019 and having found no prima facie case, withdrew in exercise of his constitutional power pursuant to Section 174 of the 1999 Constitution.

“Besides giving the EFCC conducive atmosphere to operate without exerting the might of his office on the Commission, many officers from the Chambers of the Attorney-General of the Federation are regularly seconded to the EFCC as representatives of the AGF to work and help the EFCC in the war against corruption meaning that the AGF is part of the EFCC’s success story.

Vanguard Nigeria News