Mohammed Bello Adoke, former
attorney-general of the federation, acted within the law and cannot be held
liable for obeying a presidential directive in the resolution of the OPL 245
dispute with Malabu Oil & Gas Ltd, a federal high court sitting in Abuja
ruled on Friday.
The court also held that Adoke
acted on the orders of President Goodluck Jonathan on all the settlement
agreements regarding the deal.
The ex-AGF is accused of
misconduct in the $1.1 billion Malabu oil deal.
In May 2017, Adoke asked the
court to declare his prosecution by the EFCC illegal.
He had asked the court to declare
that he acted in the deal on the orders of Jonathan.
But Abubakar Malami, the current
attorney-general of the federation, asked the court to dismiss the suit and
said Adoke must face trial.
A criminal suit has already been
initiated by the federal government against Adoke as regards the deal.
Delivering judgement on a suit
filed by Adoke against the AGF, Binta Nyako, the judge, held that based on
sections 5 (1), 147 (1), 148 (1) and 150 (1) of the constitution, the powers of
the president could be exercised through his ministers.
“The executive powers of the
president are exerciseable by his ministers,” Nyako ruled.
“The plaintiff cannot be held
personally liable for carrying out the lawful directives of the president.”
The judge declined to grant the
fifth relief sought by ex-AGF asking the court to declare that his prosecution
by the Economic and Financial Crimes Commission (EFCC) is illegal.
She explained that EFCC was not
joined in the suit.
The EFCC had filed charges of
corruption against Adoke, Dan Etete, former petroleum minister; Aliyu Abubakar,
a businessman, and Malabu Oil and Gas Ltd at a federal high court in Abuja.
Adoke was accused of giving wrong
legal counsel to the federal government over the resolution of the dispute.
The sale of the OPL 245, which is
considered as one of the most lucrative on the continent, has been replete with
allegations and lawsuits.
Adoke has consistently maintained
that he acted on the instruction of Jonathan.
Following the EFCC action, the
former attorney-general, who says he is a victim of witch-hunt, through Kanu
Agabi, his counsel, asked the court to declare that he acted in good faith when
he got involved in the negotiation for the oil block.
He also asked the court to
declare his prosecution illegal, null and void.
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