Malabu: Don’t Use Us As Excuse Not To Give Account, Abacha Family Tells Adoke - Uju Ayalogu's Blog for News, Reviews, Articles and More

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Tuesday, 24 September 2019

Malabu: Don’t Use Us As Excuse Not To Give Account, Abacha Family Tells Adoke

Malabu: Don’t Use Us As Excuse Not To Give Account, Abacha Family Tells Adoke

The family of the former military head of state, Gen. Sani Abachi Monday hit back at the former Attorney General and Minister of Justice, Mohammed Adoke, over his claims that the Abachas went to court because they have sympathizer in government.

The former first family stated that they were not the one in court over OPL 245 but the legal entity MALABU OIL and GAS LTD.

The Abachas in a statement urged the former Attorney General of the Federation not to use the name of their family as an excuse for his inability to give account of his stewardship.

A statement issued by Mohammed Sani Abacha, the family said it won’t have respond to the “baseless allegation” but for the falsehood.

The said allegation was contained in his book “Burden of Service – Reminiscences of Nigeria’s Former Attorney General”.

The Abacha family accused the former Chief Law Officer of the Federal Republic of Nigeria of embarking on cheap falsehood.

In blaming the Abacha family, Adoke alleged that; “the Abacha family decided to go to court and make claims on the OPL 245 otherwise known as Malabu because the Abacha family has sympathizers in the Muhammadu Buhari Government.”

Responding to the allegation, Mohammed stated, “The Abacha family is not in court over OPL 245 but the legal entity MALABU OIL and GAS LTD is in Court over OPL 245 as distinct and separate from the Abacha family.

How cheaper can it get for a former Chief Law officer to think and say that for Malabu Oil and Gas Ltd to seek justice through the constitutional, legal and Judicial process requires the Abacha family having influence or sympathizers in Muhammadu Buhari’s Government and a conducive political environment.”

“This is not only unfortunate, but a manifest reflection of the kind of justice system over which Mohammed Adoke SAN presided as the Minister of Justice, influence peddling and sympathizers for Justice to reign. The Abachas are citizens of Nigeria and have rights like any other Nigerians but no influence or sympathizers in Buhari’s Government as a requirement for them to seek justice in court through the legal process.”

He further pointed out that the company, Malabu Oil and Gas Ltd has consistently engaged the legal judicial process to seek redress under previous administration.

“For example, Malabu went to court in suit no. FHC/ABJ/CS/420/2003 against the Federal Government of Nigeria over the revocation of the license of OPL 245 during the administration of President Obasanjo and which case ended in an out of court settlement at the Court of Appeal in Appeal No. CA/A/99/M/06 in which OPL245 was restored to Malabu Oil and Gas Ltd by the administration of President Obasanjo.”

“It was under the Administration of President Jonathan in which Adoke SAN served as the Attorney General and Minister of Justice that the said out of court settlement was actualized through the restoration of the license OPL245 to Malabu under the hand of the then Honourable Minister of Petroleum Resources after the legal advice of Adoke SAN.”

“The Abacha family and/or Malabu Oil and Gas Ltd has always engaged the constitutional legal process in seeking redress and does not need any political sympathizers or conducive political environment to seek justice.

Malabu is presently in court not because of any sympathizer(s) in Government. It has no such sympathizers and does not need one like the Adoke’s sense of justice of influence peddling would want the world to believe.”

“It is therefore unfortunate and totally false for Adoke SAN, a former Chief Law Officer of the Federation to have been quoted or credited as saying that:

“For the eight years that president Obasanjo was in power, the Abacha’s never came out to make a claim to OPL245. They never tried it under President Yar’adua. Under President Jonathan, they never came out boldly to assert any claim.”

The statement further added, “It will be recalled that in 2010 Alhaji Mohammed Sani Abacha instituted an action at the Federal High Court, Abuja in suit NO. FHC/ABJ/CS57/2010 before Hon. Justice Kolawole asserting his 50% ownership shares in Malabu Oil & Gas Ltd.

“It was during the pendency of this action that the purported re-allocation of Malabu Oil & Gas Ltd to Shell Nigeria Exploration and Production Company, and Nigeria Agip Exploration (NAE) was carried out under the watch of Mohammed Adoke (SAN) in 2011.

“Also, Mohammed Sani Abacha asserted his ownership of 50% before the House of Representatives Committee on Malabu Oil & Gas Ltd in 2014. The report of the committee confirmed Mohammed Abacha’s 50% ownership in Malabu Oil and Gas Ltd.

“It will also be recalled that when the report was challenged at the Federal High Court Abuja before Hon. Justice A. R. Mohammed, Alhaji Mohammed Sani Abacha instructed the law firm of R.O. Atabo & Co. to file an application for him and Pecos Energy Ltd to participate in the case as interveners in suit No. FHC/ABJ/CS/816/2014.

“After the unauthorized alteration on the shareholding structure as well as Directors of Malabu Oil & Gas Ltd was carried out at the Corporate Affairs Commission, I instructed the law firm of R.O. Atabo & Co. to write a petition to Corporate Affairs Commission informing her of such alterations.

“Again, when the shares of Mohammed Sani Abacha was completely wiped out by filing of form CO2 by Barrister Ademola at the Corporate Affairs Commission Abuja during the pendency of his case before Hon. Justice Gabriel Kolawole (now a Justice of the Court of Appeal), Mohammed Sani Abacha through his Counsel wrote petition to the Director General of the Corporate Affairs Commission after which the share structure was reversed and the matter referred to Economic and Financial Crimes Commission (EFCC) for investigation. Notwithstanding the reversal of the share structure, Malabu Oil & Gas Ltd was purportedly sold and re-allocated to Shell Nigeria Exploration and Production Company, Shell Nigeria Ultra Deep (SNUD) and Nigeria Agip Exploration (NAE) under questionable circumstances for a consideration of $1.3billion.

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“Furthermore, the sum of Eight Hundred and One Million Five Hundred and Forty Thousand US Dollars ($801,540,000) was transferred from the Federal Government Escrow Account to Key Stone Bank and First Bank of Nigeria Plc accounts controlled by Dan Etete who is neither a shareholder nor Director of Malabu Oil & Gas Ltd and without appropriation of the funds by the National Assembly – all these happened when Mohammed Adoke SAN was holding office as the Attorney General of the Federation – a legal practitioner who has been conferred with the highest honour in the legal profession by the Legal Practitioners Privileges Committee to uphold the rule of law and the ethics of the legal profession.

“The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that all monies accruing to the Government of the Federation shall be appropriated by the National Assembly,” the statement said adding that there is no shred of evidence that the sum of $801,540,000 was appropriated by the National Assembly with a directive that same be paid to a private account control by Dan Etete.

“The sum was never considered during any of the budget proceedings of the National Assembly. It will be recalled that after the transfer of the funds, the money disappeared into various accounts of private individuals and companies to the knowledge and supervision of Mohammed Adoke SAN

“From the above, it can be seen that Adoke (SAN) is allergic to the truth, which does not surprise us as this attitude appears to be in his makeup. Only truth heals and he needs that healing,” the statement added.

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