BY Dyepkazah Shibayan
The application by Shell exploration limited and Nigerian Agip exploration limited challenging the forfeiture order of OPL 245 to the federal government was stalled on Tuesday because the Economic and Financial Crimes Commission (EFCC) failed to file a reply brief.
On January 26, John Tsoho, a judge of the federal high court Abuja, ordered the return of OPL 245 to the federal government following an ex-parte application by the EFCC.
EFCC made the request pending an investigation into the $1.1 billion Malabu oil deal.
The OPL245 was said to have been acquired from the federal government by Malabu Oil and Gas Limited in 1998. It was later sold Shell and Agip.
On Tuesday, J. A Ojobame, counsel to EFCC, told the court that he was unable to file a response due to circumstances beyond his control.
“We have been unable to file our response, this is due to circumstances beyond our control. I want to take personal responsibility for the inability to file our response to the two applications,” he said.
“I will be urging your lordship, I will crave your indulgence, to allow me file our response so that these applications can be taken on their merit. I therefore humbly ask for an adjournment to enable us do that, sir.”
On his part, O. Ajayi, counsel to Shell, expressed displeasure that the EFCC had not filed a reply despite obtaining the order 14 days ago.
“Bearing in mind, when this matter was brought before your lordship, it was said that to be urgent. And this is a response to the order that was brought in utmost urgency,” Ajayi said.
“My lord under section 19 of the EFCC Act, subsection 2b and c, the court is enjoined to have speedy acceleration of matters brought before the court. The order was obtained on January 26 and the respondent have had about 14 days to respond to order which they got ex-parte.”
He prayed the court that the matter be heard on Friday or Monday.
Babatunde Fagbowa, counsel to Agip, aligned himself with Ajayi’s submission.
In his ruling, Tsoho, adjourned the matter to February 27.
On December 20, 2016, the EFCC filed a 9-count charge against Mohammad Adoke, a former attorney-general of the federation, and nine others.
They were accused of defrauding the federal government.
The house of representatives has reopened its own investigation into the oil deal.
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