BY Abubakar D. Sani
In what is quickly becoming a consistent pattern in the Federal Government’s serial attempts to ‘nail’ the immediate past Attorney-General of the Federation, Mohammed Bello Adoke (seemingly at all costs) in connection with his role in the resolution of the Oil Prospecting Licence (OPL) 245 saga, a British Court, yesterday, threw out the Government’s bid to compel a British Bank, JP Morgan Chase, to refund about U$1.1 billion US Dollars which the latter had paid out on behalf of the Government, to Malabu Oil and Gas Co. Ltd, between 2011 and 2013.
From the certified copy of the court’s judgment (which has since gone viral) it is clear that the Federal Government grossly over-estimated its chances of success in the case, as it sought (based on flawed legal advice) to fix JP Morgan Chase with a duty of care which the court found was unfounded in the circumstances. The court threw out all its claims, specifically the series of damaging allegations against Mr. Adoke (which the Government frankly admitted to be the fulcrum of its case). What were those allegations and why the court rejected them shall be examined presently. Before doing that, however, it is necessary to stress that Mr. Adoke, himself, was not a party to the proceedings and the Federal Government sought no reliefs whatsoever against him.
Background
Prior to the said judgment, an Italian Court, had, in related proceedings, in February 2017, charged a number of current or former officers/employees of companies in oil and gas giants Eni and Shell (as well as former Nigerian Oil Minister, Dan Etete) with international bribery arising from the circumstances in which those companies had acquired their interests in Block 245 under the 2011 Resolution Agreements. In March 2018, the FG joined the proceedings as a civil claimant. Even though Mr. Adoke was not a party to these proceedings, his name featured prominently therein, as the FG apparently sought to ‘scape goat’ him for what it perceived to be its loss. Mr. Adoke has consistently denied any wrongdoing. In March 2021, all the defendants in the case were acquitted of all charges (vide judgment released on 9th June 2021). Significantly, for our purposes, the FG’s civil claims were also dismissed.
On 13th April, 2018, a Federal High Court, sitting in Abuja, held, inter alia, that Mr. Adoke could not be held personally liable in respect of the payments to Malabu (and any other role he played in that transaction), because he was merely carrying out the lawful directives and approvals of President Goodluck Jonathan.
The London Case
It was against this background that the Federal Government filed the case which was decided by Hon. Justice Cockerill, yesterday. Even though the essence of the claim was the alleged negligence and breach of a duty of care owed by the Nigerian Government’s’ bankers, JP Morgan Chase to it in relation to the payments which the latter made to Malabu, Mr. Adoke featured prominently in the court processes filed by the Government as well as its evidence. As the court observed, “the critical issue of fact in the case, is whether Resolution Agreements (allegedly authored by Mr. Adoke, the basis upon which the payments to Malabu were made) were themselves part of a fraud”.
Given the Government’s charge that Mr. Adoke’s “fingerprints were all over” the Resolution Agreements, the court considered that it “necessary to evaluate whether (i) Mr. Adoke went beyond what one might expect if he were innocently promoting the settlement and (ii) whether there is anything in his actions which denotes a guilty involvement”. The court observed that: “it has been explicitly accepted by the FRN that its case in this action cannot succeed unless it can prove fraud in relation to the Resolution Agreements. Here it is the bonafides of Mr. Adoke which is in issue”. Continuing, the court noted that the “FRN’s factual case had two main elements:
The court, however, agreed with the bank (JP Morgan Chase) that “since (Mr. Adoke) was Attorney-General and the agreements (if honest) settled a long running legal dispute, this cannot of itself be seen as surprising or sinister”. Accordingly, the court considered it “necessary to evaluate whether (i) Mr. Adoke went beyond what one might expect if he were innocently promoting the settlement and (ii) whether there is anything in his actions which denotes a guilty involvement”.
The FG made a number of specific allegations against Mr. Adoke to justify its inference that the Resolution Agreements (which he allegedly authored) were fraudulent and corrupt. However, each of them, in turn, was separately considered and categorically rejected by the court, as follows:
The court pointed out the fact that “a large number (around 27) Nigerian Ministers and officials considered the proposed deal (including the Accountant General of Nigeria) . . . No allegations are made against any of the 25+ people who were involved in the process.” The judge also dealt with the allegation that “Mr. Adoke caused the payment instructions to be given”. Noting that this argument “was pursued with particular enthusiasm at the point when the FRN’s team was laboring under the misapprehension that “AGF” stood for “Attorney-General of the Federation” and not (as transpired) Accountant-General of the Federation”, the court categorically “conclude(d) that Mr. Adoke did not cause the issuing of the payment instructions”.
Conclusion
In drawing the foregoing threads together, the court held that “so far as Mr. Adoke’s role is concerned, the evidence by itself would not seem inconsistent with his role (of) being an entirely honest one. As Attorney-General, one would expect a significant involvement from him – and doing exactly the sorts of things which he was doing. In particular, whenever someone sought justification for the propriety of the payments, it should logically be a government legal officer who responds, as having the requisite expertise, rather than (say) the Minister for Petroleum”.
What more needs be said? Congratulations are certainly in order, as Mr. Adoke has been completely exonerated in a court of law. This is all that is needed for his evitable exoneration in the court of public opinion. As someone once memorably said, it is better for nine guilty men to be set free, than for an innocent man to be jailed.
To the chagrin of his traducers, a British Court has just “discharged and acquitted” Mr. Adoke of the most egregious allegations and insinuations surrounding his tenure as the Attorney-General of the Federation. They should bury their heads in shame.
Sani wrote from Kano and can be reached on 08034533892
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