The former Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Adoke, (SAN) has written the current AGF and Minister of Justice, Abubakar Malami (SAN), protesting against his indictment by Nigeria’s lawyer, Mr Lucio Lucia, at the ongoing trial of Shell and others by a Milan Court in Italy.
In the letter of complaint dated September 10, 2020, which he personally signed, Adoke, appealed to Malami to call Lucia, “to order” so as to prevent him from trampling upon his rights.
The Ex-AGF, in the letter titled: “Letter of Complaint against the Conduct of Mr Lucio Lucia Representing the Federal Government of Nigeria in the Milan Proceedings against Shell, Eni and Other Individuals”, complained bitterly about how Lucio, presented him as corrupt and partly responsible for the fraud allegations being tried by the Milan court.
“Mr Lucio Lucia in his submission before the Court on 09/09/2020, on the position of Federal Republic of Nigeria, as the injured party entitled to civil compensation, had allegedly “reaffirmed the indictment of Mr Adoke and others in the heist” connection with the OPL 245 Resolution Agreement.
“He proceeded to make other bizarre and unfounded allegations to the effect that I was extradited from Dubai for corruption, in relation to OPL 245 knowing fully that nothing of sort ever happened and with characteristic audacity, he carelessly reconstructed the evidence on my Mortgage transaction with Unity Bank Plc which is subject of ongoing criminal proceedings in Nigeria to suit his narrative,” Adoke said.
He reminded Malami that his official role as AGF and Minister of Justice in the implementation of OPL 245 Settlement Agreement has been the subject of the judicial pronouncement by the Federal High Court, Abuja on April 13, 2018, where the Court exonerated him of any wrongdoing.
The trial judge, Justice Binta Nyako, had among others held that “The Plaintiff cannot be held personally liable for carrying out the lawful approvals of the President while he served as a Minister of the Government of the Federation.”
Adoke also reminded Malami that apart from the above judicial pronouncement, the OPL 245 Resolution Agreements was a subject of review of two cabinet Ministers in the present administration; Malami and former Minister of State for Petroleum Resources, Dr Ibe Kachikwu, wherein they did not find him guilty of wrongdoing, adding that Kachikwu, in his letter to the Chief of Staff to the President dated December 13, 201 7, “Came to the reasoned conclusion that the agreements were in the national interest.
“In light of the above, I am unable to understand why Mr Lucio Lucia would be allowed to assert on behalf of the same Federal Government of Nigeria, a position that is contrary to the unassailable declarations in the subsisting judgment of the Federal High Court, Abuja dated April 13, 2018, and the views already expressed by your good self as the sitting Attorney General of the Federation and the former Minister of State, Ministry of Petroleum Resources on my role with respect to the implementation of OPL 245 Settlement Agreement,” he said.
While stating that he is not averse to the Federal Government’s claims before the Milan Court, Adoke expressed concerned that Lucia has been allowed to present to the Court, deliberate false statements against him in support of the Federal Government’s case.