OPL 245: Adoke to file no-case submission as EFCC fails to get another adjournment

The Economic and Financial Crimes Commission (EFCC) has closed its case in the $1.1 billion Malabu suit.

At the court session on Thursday, Ofem Uket, EFCC counsel, decided to close his case following an order of the court.

Shortly after the 10th prosecution witness concluded his evidence and cross-examination, Uket prayed the court for an adjournment to allow him to call his 11th witness who he said resides in Canada.

However, Paul Erokoro, representing Mohammed Adoke, former attorney-general of the federation (AGF), opposed the adjournment application.

Erokoro said the prosecution has dragged the case for too long by seeking several adjournment.

He noted that after the last adjournment at the instance of the prosecution, the court had ruled that it would no longer grant further adjustments in their favour.

“It’s too late for them to be asking for any further adjournment,” he said.

He asked the court to refuse the application for adjournment and in the absence of more witnesses, the EFCC should close its case.

Also, Wole Olanipekun, counsel to Abubakar Aliyu, the second defendant, opposed the application.

He said although the law allows only six adjournments, the court has been liberal enough to grant 11 adjournments at the instance of the prosecution.

Other defendants’ counsel also objected to the application request.

Ruling on the application, Idris Kutigi, presiding judge, said: “The application for adjournment clearly has no basis and is refused,”

After the dismissal, all the defendants through their respective lawyers indicated their intentions to file no-case submissions.

The judge directed the defendants to file their no-case submissions within 21 days and the prosecution to file a response 21 days after being served with the respective applications.

The matter has been adjourned to January 12 for adoption.

The EFCC had in 2020 filed charges of alleged corruption against Adoke and six other defendants.

The other defendants are Aliyu Abubakar, a businessman; Rasky Gbinigie, company secretary of Malabu; Malabu Oil and Gas Limited; Nigeria Agip Exploration Limited; Shell Nigeria Ultra Deep Limited and Shell Nigeria Exploration Production Company Limited.

The EFCC is alleging, among other charges, that they conspired to remove the name of Mohammed Abacha from the company registration of Malabu, thereby denying the son of the former military ruler a share of the proceeds.