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Attorney General, Abubakar Malami, has asked the Economic and Financial Crimes Commission, EFCC, to review the charges of fraud against those accused in the infamous Malabu scandal.
They include a former petroleum minister, Dan Etete, former attorney general, Mohammed Adoke, and other defendants who are facing charges of fraud in the $1.1 billion Malabu oil block case.
They are accused by the EFCC of diverting the huge amount in a series of fraudulent transactions resulting in the transfer of the rich oil well, OPL 245.
Mr. Malami’s view of the charges was contained in a memo read in court on Thursday by a counsel to Mr. Adoke.
Meanwhile, the federal high court, Abuja, on Thursday fixed February 23, 2018 for ruling in a suit filed by Adoke seeking judicial interpretation of the legality of obeying presidential directives concerning the sale of the oil block to Shell and Eni by Malabu Oil and Gas in 2011.
In a letter dated September 20, 2017, Malami told Magu that there is a need to consolidate on the charges.
He said the Malabu case should be investigated “thoroughly in order to satisfy the constituent elements of offences”.
The AGF said the investigation by the EFCC “does not appear to have clearly revealed the case of fraud against the parties in view of their claimed acting in their official capacities with purported approval of the president”.
“Having fully examine the entire case file, I am incline to request you to consider the charge in relation to the composition of the parties, the offences, the proof of evidence and the case summary in view of the fact that nothing in the proof of evidence appears to have directly linked parties to the offences as charged,” the letter read.
“A curious observation of the entire file clearly indicates that the proof of evidence is unlikely to support the counts which border on fraud, conspiracy and money laundering. The following reason apt.
“A- there is nothing to show that the parties as constituted were at all times working together and having a meeting of the mind to wit: to forget CAC documents and use it for the purpose of divesting the shares of the complainant and thereafter enter into a settlement agreement with FGN and other parties to take delivery of the proceeds of sale of OPL 245.
“B- there is nothing in the proof of evidence to support the charge of money laundering therefore it is unrealistic for the prosecution to proof the elements which include illicit funds, attempt to conceal/concealment of illicit funds, transfer of such funds through various channels to introduce same as legitimate funds, in financial institutions without the express proof of these elements, this count may not be sustainable.
“I am of the view that the Public Officers Protection Act CAP P41 Laws of the Federation of Nigeria, 2004 limits liability of Public Officers to a period of three months following the acts which are complained of unless if the acts were not within the mandate of the functions of the public officer, and your investigation needs to have covered that eventuality in view of the claim that the acts were authorized by the 3 Presidents before this current administration.
“On the above grounds, I am of the considered view that there is the need to consolidate on the charges and the matter be thoroughly investigated especially regarding the allegations of wrongdoing in connection with the $ 1.1 Billion USD in order to satisfy the constituent elements of offences.
“You are to also take steps to urgently file an application fora worldwide mareva injunction and or the forfeiture of the assets of the beneficiaries of the $1.1Billion USD pending the conclusion of your investigation in the areas above stated.”
The letter is part of the exhibits filed by Adoke’s lawyer at the federal high court, Abuja.