When Nigeria went on trial

While most Nigerians followed the OPL 245 trial at the High Court of the Federal Capital Territory (FCT), Abuja Division, via media reports, I was in court at every sitting — except if I was not in town. As a legal practitioner myself, I took keen interest in every detail of the proceedings. I took notes from when proceedings started in 2020 till when the ruling was delivered in 2024. I listened to the testimonies of the 10 witnesses presented by the Economic and Financial Crimes Commission (EFCC). I listened to the submissions of the commission’s legal counsel.

That the case ended the way it did was inevitable. That Justice Abubakar Idris Kutigi upheld the no case submissions of the seven defendants, discharging and acquitting them, was just the fitting end to a show trial that was clearly lacking in substance and targeted at convicting one person: Mr Mohammed Bello Adoke SAN, the former Attorney-General of the Federation (AGF) and Minister of Justice. No competent and conscientious judge would have ruled otherwise.

For all the drama, none of the prosecution witnesses mentioned the name of Adoke, the first defendant, regarding committing any infraction during the entire proceedings. Adoke was charged regarding the OPL 245 Settlement for “disobeying the direction of the law with intent to cause injury”, “disobeying the direction of the tax laws”, and “collecting gratification of N300m” from the second defendant, Aliyu Abubakar. Most of the witnesses only said they knew Adoke as former AGF and had no dealings with him.

The only witness who mentioned Adoke’s name was Mr Ibrahim Ahmed, the police investigation officer. He ended up contradicting himself on the source of the N300m which had been charged as gratification. Before Justice Kutigi, Ahmed said it was a bribe from the OPL 245 resolution. Before Justice Inyang Ekwo of the Federal High Court sitting in Abuja, he said it was a mortgage Adoke took from Unity Bank. That effectively killed the allegation. That the EFCC filed two different proceedings using the same particulars but making contradictory claims was fatal to their cases, as both courts ruled.

I need to make full disclosure at this point: I know Adoke very well. Having worked with him for over 10 years, I can testify at gunpoint that he did not break any law or dirty his hands in the OPL 245 Settlement of 2011. He did not need to tell me that he did not collect a bribe: I knew he didn’t; I knew he wouldn’t. That would go contrary to everything he stood, and still stands, for. I knew, and still know him, as a man of integrity. He always warned us, his proteges and subordinates, to avoid greed and corruption. He did everything possible within his financial means to make us comfortable so that we would be able to work honestly and think straight in all our dealings. I say this with every ounce of honesty in me.

When he was the AGF and Minister of Justice from 2010 to 2015, I saw him turn down gratifications running into billions of naira and millions of dollars. I saw him do favours for governors, ministers and business people without as much as collecting a cup of tea from them, much less material benefits. He always told them he was only doing his job. I saw him help people get paid judgment debts running into billions while turning down offers of “thank you”. These are the people that should have stood by him during his travails but they ran away for the fear of EFCC. For someone who turned down $20m from an oil magnate in 2011, there was no way in this world I would believe he collected the equivalent of $2m from the OPL 245 Settlement. It does not make any sense. In fact, Mr Vincenzo Armanna, a former manager of Eni/Agip, testified before the Court of Milan during the trial of Shell and Others that Adoke threatened to jail him and others for discussing kickbacks in the OPL 245 deal. That is the Adoke I know. That is the Adoke that became my role model early in life.

When the Federal Government, under former President Muhammadu Buhari, decided to impugn the sanctity of the OPL 245 Settlement, picking on Adoke as the scapegoat by accusing him of all sorts, it was not Adoke that was on trial. It was Nigeria that was on trial. It was the way Nigeria rewards its patriots that was on trial. As all the court documents show, it was former President Olusegun Obasanjo who revoked OPL 245 from Malabu Oil in 2001 that decided to restore the oil block to Malabu Oil in 2006 after a series of litigation leading to an out-of-court settlement. All Adoke did in 2010 was to advise former President Goodluck Jonathan to respect and implement the legally binding Consent Judgment. That was what led to the final resolution of the OPL 245 dispute that had lingered for a decade. Adoke was put on trial for stirring Nigeria in the direction of the rule of law.

In the Court of Milan, Italy, and the Commercial Court of England and Wales, it was Nigeria, not Adoke, that was on trial. Lawyers after lawyers and witnesses after witnesses spoke, most of them exonerating Adoke. But the EFCC collaborated with the Italian prosecutors to accuse Adoke of collecting a bribe of N300m, all in an attempt to stain the OPL 245 Settlement and get the oil companies convicted for international corruption and, in the imagination of some people, get them to pay for OPL 245 a second time. The Italian judges commended Adoke for the role he played in settling the OPL 245 dispute and said rather than being an accomplice with Chief Dan Etete, the beneficial owner of Malabu Oil, Adoke actually threatened him to either take the deal or the Federal Government would be forced to pull out of the resolution. That was the act of a patriot. In the UK, the judge dismissed all allegations against Adoke and said there was no evidence of fraud, or any proof that Nigeria was shortchanged.

Nigeria tried to throw Adoke, an innocent man, under the bus. Nigeria put Adoke on trial across the world hoping to disgrace and destroy him for the rest of his life in order to exact a price from the oil companies as well as compensate those who wanted a pound of flesh. Those behind the plot succeeded for over eight years, threatening him and chasing him out of his fatherland. But it was Nigeria that was on trial in the end, losing all the cases and wasting millions of dollars home and away. Those behind the wild goose chase should face the music for misleading the country and wasting precious time and resources. But I know I am asking for too much. Nevertheless, Adoke has been vindicated and he will be back on his feet again. As it is said, it is better for a man to fall and rise again than to stand hopelessly forever.

Audu, a legal practitioner, lives in Abuja.