The high court of the federal capital territory (FCT) has set aside its order for the arrest of Mohammed Bello Adoke, former attorney-general of the federation, Dan Etete, former minister of petroleum, and four others over the OPL 245/Malabu affair.
In a ruling on Friday, Danlami Senchi, the judge, nullified the warrant of arrest he issued on April 17, 2019.
The judge set aside the arrest warrant on the grounds that the court lacked the jurisdiction to make the orders and that the defendants had not been served with the information charge when the order was made.
However, efforts to get the court to strike out the names of the 4th-9th defendants from the charge proved abortive as the judge refused their prayer.
Through Mike Ozekhome, his counsel, Adoke had earlier asked the court to set aside the order on the grounds that the court was misled.
He also asked the court to strike out his name in the suit the federal government filed against Shell Nigeria Exploration Production Company Limited and 10 others.
Ozekhome had 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.
He had submitted that the warrant for the former AGF’s arrest was issued without jurisdiction and ought to be set aside.
