Justice Abubakar Kutigi has given reasons for discharging former Attorney-General of the Federation (AGF), Mohammed Bello Adoke, SAN and six other suspects in the Malabu oil scam.
Adoke, who served as AGF and Minister of Justice under Goodluck Jonathan’s administration and the suspects were charged with infractions relating to the controversial Oil Prospecting Licence (OPL) 245, otherwise known as the Malabu Oil scam.
The suspects are; Aliyu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited.
Kutigi in his ruling held that the prosecution; the Economic and Financial Crimes Commission (EFCC) failed to prove the essential elements of the 40-count charges bordering on offering and receiving gratification, conspiracy and forgery, among others.
Ruling on the no-case submission filed by the defendants, Justice Kutigi held that any trial processes are evidence driven but in the instance case, the prosecution failed to produce certain documents or call some witnesses to prove its case.
According to him, though the defendants were constitutionally presumed to be innocent, establishing prima facie case against them by the prosecution had to produce sufficient evidence to warrant the court to call on them to enter their defence.
Kutigi held that in the current case, the prosecution failed to establish any prima facie case against the defendants.
”The defendants ought not to have been charged in the first instance.
“This, stemmed from the fact that the prosecution failed to produce before the court the minimum evidence to enable the court to order the defendants to enter their defence,” he said..
Kutigi held that considering the totality of evidence brought before the court by the prosecution is likened to inflicting undue hardship and injustice on the defendants.
“On the final analysis, my firm decision is that the evidence adduced by the prosecution on record is not sufficient to justify the continuation of this trial.
“In other words, the prosecution has failed to tender required minimum evidence to establish the essential elements of all the counts of the offences that they (defendants) have been charged with respectively.
“For this reason, I hereby preclude them from entering upon their defence and accordingly, I hereby discharge the defendants of the entirety of the charge preferred against them,” Justice Kutigi ruled.
Reacting to the court’s ruling while speaking with journalists, Adoke expressed gratitude to God that it was all over and he could now get his life back.
While saying that he has forgiven all those behind his travails, the senior advocate said he would continue to support the current government and any government in power as a patriot.
He said; “I have forgiven all those that are behind my travails; I bear no grudges. As a patriot, I will continue to wish my country (Nigeria) well and I will do everything to support the government of the day and any government that is in power. We need to get it right for this country.
“I have no regret for all I did while in office and I will not regret going forward. And I am grateful that some Nigerians appreciate the fact that while in office, I gave my best.
“I do hope that the admonition of the court will be seriously adhered to. I am gratified by the fact that the current chairman of EFCC is a lawyer.
“I do hope he will set aside emotions and sentiments and allow the rule of law to prevail in all his dealings and ensure that the letters and spirit of the Administration of Criminal Justice Act (ACJA), which I have the singular honour and privilege of anchoring while in office has a place of play.
