Malabu Oil Block: INTERPOL Gets Charges Against Adoke.. As Ex-AGF’s Lawyer Writes Malami

The Economic and Financial Crimes Commission (EFCC) has sent
charges against the detained former Attorney-General of the
Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN),
to the International Police (INTERPOL) in the United Arab Emirates
(UAE).

The transmission of the charges was to prevent Adoke’s release
from INTERPOL custody in UAE. The EFCC claims the former minister
has cases to answer in six or seven other jurisdictions on the
$1.6billion Malabu Oil Block (OPL 245).

The other jurisdictions are Italy, Netherlands, Switzerland,
Italy, Portugal, UK and the United States of America (USA).

Also, the EFCC said it had uncovered another $1.3billion tax
fraud in the agreement on Malabu Oil Block.

It said some tax exemption clauses in the agreement in favour of
Shell and ENI included Petroleum Profit Tax and Value Added Tax
(VAT), among others.

It said it was unfortunate that the Federal Government was
excluded from Production Sharing Agreement on Malabu Oil Block.

The EFCC listed other allegations against Adoke including
alleged conflict of interest on Malabu Oil Block; alleged
involvement in the $9.6b judgment award against Nigeria by Process
and Industrial Developments (P&ID); and clarification of $2,
267, 400 Malabu Oil cash paid to a Bureau De Change operator.

But, Adoke’s counsel, Chief Mike Ozekhome (SAN), has written to
the Attorney-General of the Federation and Minister of Justice, Mr.
Abubakar Malami (SAN) requesting for a letter of attestation to get
the ex-Minister’s release.

The INTERPOL is demanding a letter of attestation from Malami on
the vacation of warrant of arrest against Adoke on October 25, 2019
by a judge of the High Court of the Federal Capital Territory,
Justice Danlami Senchi.

Investigation revealed that the battle over Adoke has become
intense, both in the United Arab Emirates (UAE) and the Office of
the Attorney-General of the Federation (OAGF).

While the INTERPOL is insisting on its Red Alert on Adoke, the
lawyers of the ex-minister are clinging to the October 25
cancellation of the warrant of arrest.

But, the EFCC insisted yesterday that Justice Senchi said once
the charges are served on Adoke, the court will restore the warrant
of arrest.

It was gathered that based on the court’s ruling, the EFCC
yesterday forwarded the charges against Adoke to the UAE.

A source, who spoke in Abuja yesterday, said: “The development
in the UAE is a good one. We had prepared the motion and
application for substituted service on Adoke and 11 others when the
news of his arrest by INTERPOL came up.

“This is a very interesting development. It shows that there is
no hiding place again anywhere in the world and it is no longer
business as usual.

“We have sent the charges to INTERPOL in the UAE; we are trying
to serve him. We are in touch with the INTERPOL because Adoke has
cases in six other jurisdictions including Italy, Netherlands,
Switzerland, Italy, Portugal, UK and the United States of America
(USA).

“The whole essence of the warrant was to enable us serve the
charges. We need to serve directly or through substituted
service.

“In one of the charges before the High Court of FCT, Adoke, a
former Minister of Petroleum Resources, Dan Etete, Aliyu Abubakar
and Malabu Oil and Gas Limited were alleged to have received the
aggregate sum of US$ 801,540,000 from Shell Nigeria Exploration
Production Company, Nigeria Agip Exploration Limited and ENI SPA in
relation to the grant of Oil Prospecting Licence (OPL 245).

“We are seeing the lawyers of most of the suspects for the first
time after over 12 adjournments. That was why we applied for
warrant of arrest ab initio.”

The source added that serving the charges to the UAE could be “a
basis for detaining or bringing Adoke back to this country because
Nigeria has Mutual Legal Assistance Treaty (MLAT) with the UAE. As
a nation, Nigeria is a signatory to the United Nations Convention
Against Corruption (UNCAC). So, by invoking MLAT and UNCAC
convention, the INTERPOL can arrest and repatriate Adoke to
Nigeria. All we need to do to bring Adoke home is to activate all
these agreements.

The other allegations against Adoke as listed as
follows:

Conspiracy and money laundering on Malabu Oil Block
Conflict of interest on Malabu Oil Block
Alleged involvement in the $9.6b judgment award against Nigeria by
Process and Industrial Developments (P&ID)
Clarification of $2, 267, 400 Malabu Oil cash paid to a Bureau De
Change operator which was changed at N152. 24 rate amounting to
N345, 200,000
A document stated: “There is an issue on conflict of interest.
Before Adoke became the AGF when Malabu Oil filed a case before the
Commercial Court in London, he was the one representing
Nigeria.

“In all his presentations, he refused to disclose that he has
been representing Nigeria.

“Also, we are looking for him on how they arrived at the
agreement on Malabu Oil Block. For instance, in arriving at the
agreement, they removed certain clauses that deal with taxes in
contravention of the laws on ground. Some of these taxes are
Petroleum Profit Tax, Value Added Tax, Company Income Tax and the
tax components amounted to about $1.3billion.

“The tax exemptions were to cover the first five years of the
operation of the oil block, but they added another five years.

“They excluded the Federal Government from the Production
Sharing Contract Agreement. It was only Shell and ENI that were
involved in the Production Sharing.”

The document added that “Adoke is expected to clarify what he
knew about $2, 267, 400 Malabu Oil cash paid to a Bureau De Change
operator, which was changed at N152. 24 rate amounting to N345,
200,000.

Ozekhome’s letter to Malami obtained by The Nation, is signed by
Oluchi Vivian Uche from Mike Ozekhome’s Chamber

The letter reads in part: “We are Counsel to the Applicant
Mohammad Bello Adoke, hereinafter referred to as “Our Client”.

“Our Client is the 9th Defendant In Charge No:
FCT/HC/CR/124/ZO17 between the Federal Republic of Nigeria vs Shell
Nigeria Explanation Production Company LTD & 10 Ors.

“We write on behalf of our Client to bring to the notice of your
honourable office, the emailed order of court dated the 25th day of
October, 2019, D.Z Senchi J., vacating the earlier bench warrant
issued against our Client.

“We respectfully apply to your honourable office to attest to
the said enrolled order. Attached herewith is the Certified True
Copy of the enrolled order.

“We thank you immensely for your anticipated cooperation. Accept
the highest regards of our esteemed Chambers.”

FG assures 13% Revenue derivation to States

The Minister of State, Mines and Steel Development, Dr.
Uchechukwu Sampson Ogah has given assurance of Federal Government’s
commitment to pay the 13% mining revenue derivation to states,
noting that it would encourage them to curb leakages from illegal
mining, and generate more revenue for the country.

The Minister stated this during a courtesy visit to Plateau
State Governor, His Excellency, Hon. Simon Lalong, as part of his
working visit to the National Metallurgical Development Centre
(NMDC) and the Nigerian Institute of Mining and Geosciences (NIMG),
Jos, Plateau State on Thursday, November 14, 2019.

Dr. Ogah urged states to take advantage of the prompt payment of
the 13% revenue derivation by this administration, by coming up
with strategy towards organizing artisanal miners operating in the
respective states into cooperatives.

He added that the registration and formal organization of
artisanal mining activities would not only improve and grow them
but would also minimize the spate of foreigners taking precious
stones outside the country without going through proper government
procedures.

The Minister stated that to achieve the diversification effort
of President Muhammdu Buhari, the Ministry is working out
modalities that would boost a robust relationship between States
and Local Governments aimed at ensuring that due royalties are paid
to mining States.

The Plateau State Governor, Hon. Simon Lalong , who was
represented by the Deputy Governor, Prof. Sonni Tyoden, solicited
the Ministry’s assistance in getting the 13% derivation accruals to
the State, saying that despite the abundance of minerals
exploration that goes on in the state, Plateau State is yet to
benefit from the 13% derivation.

He assured the Hon Minister that the State Government would
coordinate and organize artisanal miners into Cooperatives for
increased mineral development and revenue generation.

In a related development, the Minister of State, Mines and Steel
Development, Dr. Uchechukwu Sampson Ogah has challenged the
management and staff of both National Metallurgical Development
Centre (NMDC) and Nigerian Institute of Mining and Geosciences
(NIMG) to use the institutes as key-driver for economic growth, job
creation and revenue generation.

The Minister gave the charge during a meeting with management
staff of National Metallurgical Development Centre (NMDC) and
Nigerian Institute of Mining and Geosciences (NIMG) respectively,
after his familiarization tour of facilities of the two
institutions.

He noted that the centres have the potentials and capacity to
drive revenue generation in the sector. He said entrepreneurs who
would create wealth for the country could be produced by the
institutes, urging management, staff and students not to lose hope
in Nigeria but join the current administration’s bid to take the
nation to the next level.

The Director General, National Metallurgical Development Centre,
Prof Linus Asuquo, said the institute is committed towards job
creation , poverty alleviation and contribution to GDP growth.

He expressed optimism that the completion of Ajaokuta Steel
Plant would greatly assist the institute to achieve its mandate,
disclosing that the United Nations (UN) has included the Centre in
its programme for 2019- 2022 for Nigeria.

Also in his remarks, the Director General, National Institute
for Mining and Geosciences, Prof. Hassan Bolaji, said the institute
aim to train and develop manpower in mineral research
development.

He revealed that it has sought partnership and collaboration for
revolutionized mining exploration with local and international
organizations.

Prof. Hassan disclosed that certificates obtained at the
institute are valid as the Bill establishing it, through the
support of the Ministry, was passed into law on 12th July 2018 and
gazetted in 2019.

Tine- Iulun, M. A

For: Director (Press)