A High Court of the Federal Capital Territory (FCT) has voided a bench warrant it earlier issued for the arrest of former Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN).
Justice Danlami Senchi had on April 17 this year, upon a motion by the Economic and Financial Crimes Commission (EFCC), ordered the arrest of Adoke, a former Minister of Petroleum Resources, Dan Etete, and four others over the OPL 245/Malabu Oil deal.
Justice Senchi, in a ruling on Friday, said the application by the affected individuals, filed and argued for them by Mike Ozekhome (SAN), was meritorious.
He proceeded to set aside the arrest order and but rejected the request by some other defendants ( the 4th to 9th defendants) to have their names excluded from the case.
The judge upheld Ozekhome’s contention that the order was issued by the court without jurisdiction.
He held that the defendants had not been served with the information charge when the order was made.
Ozekhome had 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 argued that the order for Adoke’s arrest was issued in breach of his right to fair hearing as guaranteed by the constitution.
He was of the opinion 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 contended that the warrant for the arrest of the ex-AGF was issued without jurisdiction and ought to be set aside.