Justice Abubakar Kutigi of an Abuja High Court thursday ordered the arrest of former Minister of Petroleum Resources, Chief Dan Etete; one Munamuna Seidouugha and Joseph Amaran, over their roles in the $1.09 billion Settlement Agreement on the Oil Prospecting Licence (OPL 245), better known as Malabu oil deal.
He gave the order in a ruling on an ex-parte motion filed by the Economic and Financial Crimes Commission (EFCC).
The ex-parte application was brought pursuant to Section 3, 35, 36 and 37 of the Administration of Criminal Justice Act, 2015.
Justice Kutigi also granted bail in the sum of N50 million to a former Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), who is on trial for alleged fraud in the Malabu oil deal.
Justice Kutigi, in granting the order for the arrest of Etete and others, noted that it was imperative to do so in the interest of justice.
The anti-graft agency in an eight-paragraph affidavit, told the court that it needed the order to enable it to arrest and extradite the defendants for prosecution.
The commission held that there is prima facie evidence against them.
Counsel of the EFCC, Mr. Bala Sanga, who moved the ex-parte motion, told the court that the suspects are currently residing in France and in some Africa countries.
He said the suspects were occasionally sighted in different parts of Europe.
He prayed the court to issue a warrant of arrest, which is a pre-condition for their extradition.
While also granting bail to Adoke, Justice Kutigi, in addition, admitted to bail in the sum of N50 million and N10 million respectively Mr. Aliu Abubakar and Mr. Rasky Gbinigie, who are second and third defendants in the alleged fraud trial by the federal government.
The other defendants are: Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Limited and Shell Nigeria Exploration Production Limited.
Justice Kutigi, while delivering ruling in the defendants’ individual bail applications, also ordered them to provide a surety each in like sum to their individual bail.
The sureties, who must be responsible citizens of Nigeria, must reside within the jurisdiction of the court.
They must be owners of verifiable property in the Federal Capital Territory (FCT) and also show evidence of tax payment in the last three years.
In addition, the sureties are to sign an undertaking that the defendants will always be in court at every proceedings of the trial, while the defendants on their part are to undertake that they will not jump bail nor interfere with the trial.
The defendants were also ordered to submit their international passports to the court and cannot travel without the court’s permission.
Justice Kutigi held that any default in the bail terms either by the sureties or defendants will automatically lead to the revocation of the bail.
He subsequently adjourned till March 27 for commencement of trial.
Adoke and his co-defendants were last Thursday arraigned before Justice Kutigi on a 42-count charge of fraud and criminal breach of trust amongst others.
In the charge with number CR/151/2020, the federal government alleged that Adoke and other respondents received gratification to carry out a fraudulent oil deal.
Adoke was alleged to have in August 2013 in Abuja while serving as a minister knowingly received United States dollars equivalent of N300 million, which is reasonably suspected of having been unlawfully obtained and thereby committed an offence punishable under Section 319A of the Penal Code, Cap. 532 laws of the federation of Nigeria 1990.
Another defendant, Rasky Gbinigie, was accused of conspiring with one Munamuna Seidougha (at large), Amaran Joseph (at large) and Dauzia Etete (at large), in 2013 in Abuja to dishonestly used as genuine the forged form CAC 7 and board resolution of Malabu Oil and Gas Limited and the letter of resignation of one Mohammed Sani to open a bank account to receive $401,540,000.
However, they pleaded not guilty to all the charges.
Chief Kanu Agabi (SAN), Chief Wole Olanipekun (SAN) and Mr. George Ikoli (SAN), counsel to the first, second and third defendants respectively, urged the court to admit their clients to bail because the alleged offences they are accused of are bailable.
However, Sanga urged the court to deny the defendants bail because they are all flight risk and it took the prosecution a great deal of time to bring them to court for arraignment.
