The arraignment of former Attorney-General and Minister of Justice, Mohammed Adoke was on Wednesday, stalled at the FCT High Court in Gwagwalada over confusion from the Economic and Financial Crimes Commission (EFCC) the prosecuting agency.
The EFCC counsel, Bala Sanga caused confusion after he told the court that he did not know why he was in court.
“My Lord, we have not served the charge on the first, second and third defendants, we have only served the fifth, sixth and seventh defendants.
“I’m at a loss as to why we are here (in court)’’, Sanga said.
The prosecutor further told the court that the second defendant, Aliyu Abubakar was on the run and the commission had to set up a 24-hour manhunt for him.
He added that the commission had intended to arraign all the seven defendants on Jan. 24 after effecting service on all of them.
“I am shocked as to why it came up today but subject to the convenience of the court, i ask for a short adjournment to enable us serve them’’.
Responding, counsel to Adoke, Mr Paul Erokoro, (SAN) confirmed that his client was yet to be served.
Erokoro, however, told the court that they were willing to waive service and proceed with the matter.
“It is true that the charge has not been handed to us, but we consider ourselves served and so we waive service and are ready to go on with the arraignment.
Moreover, the lawyer said that by virtue of Section 136 of the Administration of Criminal Justice Act, (ACJA), service was not necessary.
For his part, Mr Wole Olanipekun, (SAN), counsel to the second defendant, insisted that his client had been served.
Olanipekun also countered the argument of the prosecutor saying that his client had not been on the run and that in fact, his client was represented in court.
Mr Mahmud Magaji, (SAN), counsel to the third defendant, Rasky Gbinigie wondered why the anti-graft agency failed to serve the charge on his client who had been in their custody.
A representative of the fourth defendant, Nigeria Agip Exploration Ltd, however told the court that his client had yet to be served and that the counsel representing the fourth defendant was not in court.
The trial judge, Justice Abubakar Kutigi, however, insisted that the law provided for every defendant to be served before plea would be taken.
He directed the prosecutor to serve the charge on all parties and also directed that all bail applications be served on all parties.
The judge adjourned the matter until Jan. 23 for arraignment.
EFCC had filed criminal charges against Adoke over his alleged indictment in the Oil Propective Licence (OPL) 245.
The Federal Government filed a fresh 42-count charge against former Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke and six others over alleged fraud in the $1.1 billion Malabu oil deal.
Adoke is being charged alongside Rasky Gbinigie, A. Abubakar, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Limited and Shell Nigeria Exploration Production Limited.
The Federal Government, in a document with charge number CR/151/2020 dated Jan. 14 and filed on Jan. 15, at the High Court of the Federal Capital Territory, accused Adoke and others of receiving gratification to allegedly carry out a fraudulent oil deal.
