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OPL 245: Court Discharges Ex-Justice Minister Adoke, Reprimands EFCC
Justice Abubakar Kutigi of the Federal Capital Territory (FCT) High Court yesterday dismissed the charges of fraud, bribery and conspiracy filed against a former Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke, by the Economic and Financial Crimes Commission (EFCC).
The court reprimanded the EFCC for filing “frivolous” charges against the AGF.
At the court session yesterday, Justice Kutigi upheld the no-case submission filed by Adoke and s the charges of fraud, bribery and conspiracy against the former minister on the grounds that the EFCC failed to adduce credible evidence to prove the allegations contained in the charge.
Although the judge commended the prosecution for conceding that it did not have sufficient evidence to oppose the no-case application by Adoke, he criticised the anti-graft agency for wasting four years prosecuting the case.
The judge added that the defendants ought not to have been charged in the first instance.
He said the allegation of illegal tax waivers granted to Shell and Eni was not corroborated by the Federal Inland Revenue Service (FIRS) or any authority.
Justice Kutigi said the EFCC failed to prove its charges of fraud, bribery and money laundering and ruled that the defendant has no case to answer, adding that the EFCC did not provide the necessary evidence to prove that the alleged N300 million bribe said to have been given to Adoke by Aliyu Abubakar.
The judge further noted that a charge must not be filed just for the purpose of filing, adding that a frivolous charge does damage to the judicial system.
“It is argued that people can be arrested circumstantially,” the judge said.
“But every trial, more so, a criminal trial is a different ball game which must be undertaken with utmost care and attention to details, particularly, the quality of the evidence and availability of witnesses.
“It cannot be right or fair, that in this case, for example, nearly about 30 counts in the case involving forgery, the documents subject to these counts were not presented in evidence and material evidence led to situate the elements of forgery.
“If as stated by the lead investigator, PW10, that they demanded for about 37 documents from the CAC but only a few were made available, this then begs the question, why a charge will be filed involving those documents the prosecution does not have access to?
“I must therefore make the point that the whole trial process whatever its inherent imperfection is entirely evidence driven, evidence which requires quality and probative value.
“This is so whether it is at this stage of situating a prima facie, as in the present situation, or at the point of determining guilt, or otherwise of the defendants.
“Without evidence in either of the two situations, it is self evident that such a case stands compromised ab initio.
“On the whole, the prosecution has failed to prove the essential elements of the offences for which the defendants were charged and accordingly, the no case submission has considerable merit and must be sustained.
“To allow this proceedings to continue having regard to the totality of evidence laid bare on the record by the prosecution is to inflict undue hardship and injustice on the defendants.
“They ought not to have stood trial in the first place if the evidence on record was all the prosecution had to offer.
“The legal consequence of a successful submission of no case to answer is that such a discharge is equivalent to an acquittal, and dismissal of the charge on the merits.
“In my final analysis, and for the avoidance of doubt, my firm decision on the basis of the provision of section 302 of the ACJA 2015 is that the evidence adduced by the prosecution on record is not sufficient to justify the continuation of this trial.
“For this reason, I hereby preclude them from entering upon their defence.
“And accordingly, I hereby dismiss, I hereby discharge the defendants of all the entirity of the charge preferred against them.”
The EFCC had charged Adoke before the FCT High Court, Abuja, on January 15, 2020, along with Aliyu Abubakar, Gbinije of Malabu Oil & Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Nigeria Limited, and Shell Nigeria Exploration Production Company Limited (SNEPCo).
Adoke was accused of collecting a gratification of N300 million from Abubakar over the OPL 245 resolution.
He was accused of conspiring with other defendants to “commit the offence of public servant disobeying direction of law with intent to cause injury or to save person from punishment or property from forfeiture”.
The former AGF was accused of “knowingly disobeying direction of law” by allegedly “saving Shell Nigeria Ultra-Deep Limited, Nigeria Agip Exploration Limited and Shell Nigeria Exploration Company Limited from charges of taxes.”
Adoke denied all allegations, maintaining that he was a victim of political victimisation by former president Muhammadu Buhari on behalf of the Abacha family who felt cheated in the OPL 245 transaction.
Adoke and five other defendants were discharged of all the charges, leaving Gbinije, the third defendant to open his defence in the remaining counts.
Former Vice President Atiku Abubakar has once again condemned the local government crisis that erupted in Osun State on Monday, resulting in the loss of six lives.
In a statement issued via his verified X handle on Tuesday, the former VP described the chaos as a brutal display of lawlessness, political brigandage, and subversion of democracy.
“Nigerians bore witness to a chilling display of lawlessness yesterday, as the Tinubu-led All Progressives Congress exposed the depths of its desperation to retain power at all costs — through sheer political brigandage and the subversion of democracy,” Atiku wrote.
He stated that the APC’s actions in Osun State were an assault on Nigeria’s democracy and must be condemned.
“In Osun State, the APC orchestrated a full-scale assault on the democratic process, attempting to hijack the local government elections through brute force.
“Armed thugs and mercenaries, operating under the party’s protection, launched an audacious bid to seize control of all 30 local government area council secretariats. And yet, the so-called national leadership of the APC and the presidency watched in complicit silence,” Atiku stated.
He argued that had it not been for the fearless resistance of the Osun people — who stood their ground against the APC’s rampaging foot soldiers — democracy in the state would have been trampled under the boots of political marauders acting at the behest of their party’s overlords.
He said Osun State would never bow to anti-democratic forces, as the people have shown beyond doubt that they will not allow their electoral rights to be stolen, no matter the level of intimidation.
Atiku further urged the security agencies deployed for Saturday’s elections to uphold their constitutional duty with professionalism by “refusing to be used as enforcers of the APC’s criminal agenda” because the world is watching.
He warned that these are dangerous times and that the APC has “abandoned any pretence of democratic legitimacy, resorting instead to brute force in its bid to cling to power,” despite resistance from the people.
“We commend the brave citizens of Osun for standing up to the tyranny that sought to break them. Their resilience is a beacon of hope in the face of unrelenting oppression,” Atiku stated.
He added, “Tinubu’s APC has left no doubt — it will stop at nothing to subvert democracy and impose itself against the will of the people. But Nigerians must resist. The time-honoured warning remains true: eternal vigilance is the price of liberty.”
He further warned, “President Bola A. Tinubu and his dwindling band of enablers must cease their reckless acts of political sabotage — not just in Osun or Lagos, but across Nigeria.
“The people demand governance, not chaos. Nigerians will not sit idly while their democracy is hijacked by a power-drunk regime intent on setting the country on fire.”
The 2025 edition of the annual 42km 2024 Access Bank Lagos City Marathon has been once again dominated by East African runners from Kenya and Ethiopia.
Kenya’s Edwin Kibet on Saturday emerged winner in the men category, clocking a time of 2:14:06 to win the $50,000 price money.
Kibet came third last year behind his compatriot Bernard Sang who won it with a time of 02:16:49 and another Kenyan Cheprot who came second.
It is Kibet’s second win in the competition following his first victory in the 2023 edition.
In the women’s category, Ethiopia’s Guta Meseret Hirpa emerged victorious clocking a time of 2:37:04 for her first win in the competition.
First Nigerian to finish the race, Nyango Gyang Boyi, made history by finishing in the to 10 positions.
He finished the race in 8th place, clocking a time 2:25:41.58 which will earn him a prize award of $4,000. As the first Nigerian to finish the race, Boyi also won the N2million top prize in the Nigerian category.
The governor of Lagos State, Babajide Sanwo-Olu, was also one of the participants in this year’s Lagos City Marathon.
The 42km race commenced at Western Avenue, in front of the National Stadium Surulere, and finished in front of Eko Atlantic City, Victoria Island.
This year’s edition of Access Bank Lagos City Marathon had thousands of runners competing for the top prize.
The annual event was to a gold label by the World Athletics in 2023 less than eight years after its first edition.
The Canadian High Commission in Nigeria has refused to make further comments on circumstances surrounding the denial of visas to some senior Nigerian military officials, including the Chief of Defence Staff, General Christopher Musa, citing privacy policies.
The Authorities however, acknowledged social media reports of the situation.
Musa and some military officials were denied visas to attend an event in Canada honouring war veterans, a situation the CDS revealed during an event in Abuja on Thursday.
Responding on Friday, via its social media handle, the Canadian High Commission stated, “The High Commission of Canada in Nigeria is aware of media reports related to planned travel by senior officials. However, for privacy reasons, we are unable to comment on the status of visa applications of specific individuals.”
