I am constrained to draw attention to the above caption published in The Punch Newspaper of Wednesday, 27 April 2016 to the effect that the Honourable Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), had directed the EFCC to investigate the 2011 Non Prosecution Agreement executed between the Federal Government of Nigeria and Tidex Nigeria Limited.
I would ordinarily have refrained from commenting on the issue knowing fully well that the circumstances surrounding the execution of all the Non-Prosecution Agreements signed in 2011, are known to relevant Agencies of Government, including the Office of the Attorney-General of the Federation and the EFCC. But, since the aforementioned publication hit the news stands, I have been inundated with calls from genuinely concerned Nigerians seeking to know what is responsible for these deliberate attempts to smear my name and bring me to public odium?
My answer is simply that the Office of the Attorney General of the Federation did not initiate these settlements. It was the EFCC, under the Chairmanship of Chief (Mrs) Farida Waziri, OON that initiated these settlements and nominated Mr. Godwin Obla, SAN as the lawyer to represent their interest in the negotiations that were conducted under auspices of the Office of the Attorney General of the Federation and Minister of Justice. It was when the negotiations were concluded to the satisfaction of all the parties, that I signed on behalf of the Federal Government of Nigeria and Mr. Emmanuel Akomoye (then, Secretary to the EFCC) signed on behalf of the EFCC. The copies of the agreements are in the Office of the Attorney General of the Federation and I believe with the EFCC as well.
This was the procedure that was adopted in respect of all the settlements that were initiated by the EFCC in 2011 including those of Shell, Saipem, KBR, JGC, etc, that infracted the laws of the country. I reiterate my previous assurances to all concerned Nigerians that while in office, I conducted myself with the utmost decorum and ensured the observance of due process, transparency and accountability in all matters that were brought to my attention. This petition is clearly underpinned by the refusal of the Office of the Attorney General of the Federation, to be used during my tenure by the Nigerian Shareholders to settle personal disputes with their foreign partners.
Consequently, a dispassionate investigation into the Tidex Nigeria Limited Non Prosecution Agreement would reveal that the settlement was at the behest of the EFCC; the Secretary to the Commission, Mr. Emmanuel Akomaye and EFCC nominated Attorney, Mr. Godwin Obla, SAN, duly represented the EFCC. It would also reveal that the penal fines imposed on Tidex Nigeria Limited were duly paid into a Federal Government designated account with the Central Bank of Nigeria (CBN) and that I did not in anyway derive any benefit whatsoever from the transaction.
While, I am concerned as any reasonable person would, about these negative media releases, I remain calm knowing that the prevailing atmosphere has unwittingly created a fertile ground for witch-hunt and personal vendetta. I am, however, confident that in due time, the dark cloud that bestrode the horizon will disappear and Nigerians will become aware of the truth and be able to make value judgement on all these issues. Nigerians will then differentiate those who genuinely served their fatherland from those who sought public office for personal gain.
MOHAMMED BELLO ADOKE(SAN)
EX-ATTORNEY-GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE.
