…asks Court to dismiss suit for lacking merit
A former member of the House of Representatives, Otunba Dino Melaye, has asked a Federal Bigh Court in Abuja to dismiss the N10.2 billion libel suit slammed on him by the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), describing it as “vexatious, frivolous and lacking in merit.”
In an 80-paragraph statement of Defense filed by his counsel, Mr. Tony Itedjere, from Bamidele Aturu Chambers, the Executive Secretary of Anti-Corruption Network averred that the plaintiff (Adoke) “has not shown that he is a fit and proper person to occupy the office of the AGF and Minister of Justice or hold any position of authority or responsibility in a decent society.”
Melaye’s group had in a petition to President Goodluck Jonathan dated April 11 detailed alleged graft and “outrageous use of powers against public interest” by the AGF and for which the Presidency ordered investigation.
Melaye’s letter to the Presidency with reference No: ACN/NEC. /CORRP. /VOL. 1/00.1 had read in part, “It is with absolute sense of humility, responsibility and patriotism that we are forwarding to your Excellency, one of our briefly chronicled cases of flagrant abuse of office by the Minister of Justice and the Attorney-General of the Federation, Mr. Mohammed Adoke.
But Adoke assembled an 11-man legal team in the 10.2 billion suit in which he accused Melaye of damaging his reputation.
However 10 SANs, 87 and Lawyers had offered free services for Melaye.
Melaye his statement on Defence obtained by Journalists on Monday in Abuja stated that the Plaintiff has not shown that the conferment of the rank of SAN on him in July 2006 was based on outstanding contributions to legal development in Nigeria or on merit.
He challenged Adoke to produce a copy of the application form submitted by him for the rank of SAN, adding that he has never come across the plaintiff’s cases in the law reports.
Melaye said, “The Plaintiff is hereby given notice to list his cases which have been reported in law reports. Before his appointment as the AGF and Minister of Justice, the Plaintiff was defending Jolly Nyame, a former Governor of Taraba State.
“The Plaintiff now gives or is deemed to have given approval to the Economic and Financial Crime Commission to try him, in other words trying someone he defended earlier, a clear case of conflict of interest. The Plaintiff was made a member of the Legal Practitioner Privileges Committee as soon as he became a SAN and as such his membership of the Committee is not based on merit but on closeness to the legal establishment.
“His predecessor, Mr. Mike Aondoakaa (SAN), also put himself forward as a candidate from Nigeria for the post. Hence Nigeria has not been well represented in the Committee.”
According to Itedjere, the defendants aver that the Independent Corrupt Practices and Other Related Offences Commission and EFCC have had cause to clash with the Adoke over his moves to “castrate and frustrate them from investigating and prosecuting corruption and other economic and financial crimes in Nigeria.”
He said the Plaintiff made Nigerians to believe that the Federal Government acted legally in facilitating the disputes involving OPL 245 allocated to Malabu Oil and Gas Limited owned by Chief Dan Etete when he knew or ought to know that:
i.Chief Dan Etete was the Minister of Petroleum Resources on April 29, 1998 when his company, Malabu Oil and Gas Limited was allocated OPL 245 by General Sani Abacha the then military Head of State contrary to section 10 of the Code of Conduct Bureau and Tribunal Act (Cap 56) Laws of the Federation of Nigeria, 1990 applicable at the material time.
ii.The oil block was cancelled and forfeited by the Federal Government under President Olusegun Obasanjo on July 2, 2011 which allocated same to Shell for 30 years leading to the institution of the suits filed by Malabu Oil and Gas Limited.
iii.The settlement sum of $1.1 billion was paid into depository Escrow Account No: 41454193 domiciled in JP Morgan Chase Co., London belonging to the Government of the Federation in line with section 162 of the Constitution.
iv.The said of sum $1.1 billion was withdrawn from the Account of the Government of the Federation without any appropriation by the National Assembly as required by section 59 of the Constitution.
v.The purported amicable resolution of the disputes over the ownership of OPL 245 which culminated in the surrender of the oil block to Shell and ENI contravened the Federal Government Regulation of not selling more than 40% shares in any oil block to foreign oil firms.
He said, “Owing to the allegations of fraud, round tripping, corruption and abuse of office in the fraudulent settlement of the disputes involving the ownership of OPL 245, the House of Representatives passed a resolution to investigate the deal. When the Committee was set up the Plaintiff appeared before it to give testimony he justified the illegal and fraudulent transaction.
“Although the Committee has not submitted its report for the consideration of the House, the Plaintiff lied when he wrote to Global Witness, an anti-corruption agency based in the United Kingdom, that the House of Representatives had approved the Malabu Oil deal.”
The Defendant also averred that sometime in April 2010 President Goodluck Jonathan directed the Plaintiff to prosecute eight suspects indicted in the Halliburton bribery scandal.
“After the institution of the case, there were speculations in the media that the Plaintiff would frustrate the prosecution. The Plaintiff was compelled to assure Nigerians that the Federal Government would not bungle the case which was then pending at the High Court of the Federal Capital Territory”, Melaye stated.
