Former Minister of Justice, Mr Mohammed Adoke, has asked a High Court of the Federal Capital Territory to set aside its earlier order issued for his arrest over his alleged involvement in deals regarding the sale of Malabu oil.
Justice Danlami Senchi had on April 17, 2019, issued an order for the arrest of Mr Adoke, a former Minister of Petroleum, Dan Etete and four others over their complicity in the Malabu oil scam.
The others are Raph Wetzels, Casula Roberto, Pujato Stefeno, and Burrato Sebastiano.
The bench warrant for the arrest of the defendants was a sequel to an exparte application by the Economic and Financial Crimes Commission (EFCC) for their arrest.
But Adoke in a motion exparte filed on April 23, 2019, by his lawyer, Mike Ozekhome, asked the court to set aside the order for his arrest on grounds that the court was misled in the first place in issuing the order by the Federal government (plaintiff) in the other suit.
The motion with number M/5494/19 is also praying the court to strike out the name of Adoke as a defendant in the suit by the Federal government against Shell Nigeria Exploration Production Company Limited and 10 others.
Mr Ozekhome in the exparte submitted that the order for Adoke’s arrest was issued in breach of his right to fair hearing as guaranteed by the constitution, adding that Adoke was neither served with the charge sheet and proof of evidence, or any other summons in respect of the criminal charge pending before the court.
In addition, the senior lawyer submitted that the warrant for the former AGF’s arrest was issued without jurisdiction and ought to be set aside.
Similarly the 5th,6th and 7th defendant Mr Casula Roberto, Pujatti Stefeno and Burrafato Sébastino, all Italians have also filed a motion to stop the order.
According to them, the court was also misled by the EFCC to obtain the order and that, before a bench warrant can be issued, a key requirement is the service of information and summons which was not made in this case.
Meanwhile, the other defendants Mr Casula, Mr Pujatti and Mr Burrafato, have also filed a motion to stop the order.