The House of Representatives resolved on Wednesday to send formal invitation to former President Goodluck Jonathan over diversion of $1 billion accrued from the Malabu Oil deal.
The resolution was passed by the Ad-hoc Committee investigating the alleged corruption, malpractices, breach of due process in the award of Oil Prospecting Licence (OPL) 245, chaired by Rasak Atunwa (APC-Kwara) during a meeting held at the National Assembly complex, Abuja.
Economic and Financial Crimes Commission (EFCC) in a 16 page report with Ref. No: 3000/EFCC/ABJ/ISOS/TM.1/VOL.1/ 526 dated 8th November, 2016 submitted to the Ad-hoc Committee, confirmed that substantial part of the funds involved in the controversial Malabu oil and gas (MOGL) deal was laundered through some Bureau de Change outfits (BDCs).
Atunwa who doubles as chairman, House Committee on Judiciary, during a media chat on Wednesday in Abuja, observed that the former President will determine the next steps to be taken by the Ad-hoc Committee.
The lawmaker who gave vivid account of the rationale behind Jonathan’s invitation, said: “The committee noted that it had conducted extensive investigation into the OPL 245 saga and that it is drawing to a close.
“However the committee is of the view that in the interest of thoroughness, natural justice and fair play, it imperative that evidence should be taken from former President Goodluck Jonathan.
“In arriving at this decision, the committee took account of the following facts: Mr Jonathan was the President at the material time the ministers brokered the so-called resolution agreement that led to the allegation of $1 billion diversion of funds.
“Mr Jonathan’s name features in the proceedings initiated by the Public Prosecutor of Milan in Italy.
“A UK Court judgement in relation to an application to return part of the money being restrained, castigated the Jonathan administration as not having acted in the best interest of Nigeria in relation to the deal.
“The Attorney-General of the Federation at the material time, Mohammed Bello Adoke, who of course has been charged in relation to the case by the EFCC, has recently instituted proceedings in court wherein he pleads that all his actions were as instructed by former President Goodluck Jonathan.
“Accordingly, pursuant to the provisions of the Constitution, the committee has decided to request that former President Goodluck Jonathan give evidence to the committee, as to his role in the matter. The secretariat will write to him asking for his response and submissions,” Atunwa said.
While responding to questions, he observed that the former president is at liberty to make a written submission to the committee or otherwise.
He added that his response will determine the next line of action to be taken by the Adhoc committee.
According to Atunwa, that is the cause that is open to him.
“The proper thing is that the committee is taking a decision that he must give evidence.
“Section 89 of the constitution requires that we ask for the evidence; we’ve asked him for evidence and he must give evidence, we have asked him to give his response and submission.
“A matter entirely for him is, he may desire to send us a written submission, and we consider every written submission. We take it one step at a time.
“The normal proceeding for a committee hearing investigating such matter is to take a written submission and whatever comes out of that will have to be decided at the committee level. And then we see the next step, at this time.
“Let’s follow the procedure and the way we’ve been operating. Let’s get this response first, let’s get his written submission first, whatever comes out of that will be decided at the committee level.
“At this time, to discuss will be hypothetical of the modalities of how we take it further, it will not a fruitful use of time, so let’s get his response let’s get his submission if he so wishes and then we take it from there,” the Kwara lawmaker explained.
According to the EFCC report: “The operator of the account namely Chief Dan Etete (Petroleum Minister when the bloc was first allocated to MOGL) disbursed half of the money into four accounts controlled by Alh. Aliyu Abubakar (aka AA Oil) who made further disbursement to other accounts he controls.
“Bulk of the money were however laundered cash through Bureau De Change (BDC). The operators of these BDCs admitted in tritten paying same to the sender Alh. Aliyu Abubakar (aka AA Oil),” the report read in part.
According to the letter signed by Ojagbane Johnson on behalf of the EFCC Acting Executive Chairman, “investigation is at the verge of completion with respect of the remaining payments made to enable the Commission determine the extent of involvement of other persons especially government officials yet to be linked with the fraud. Those found culpable would face appropriate charges in court,” the report stated.
The Commission also disclosed that Mohammed Adoke, as the serving Justice Minister, solicited for the intervention of the Presidency on the request of MOGL for settlement of disagreement on the difficulty MOGL was having in accommodating Shell as joint operators of the bloc.
Consequently, Adoke via a letter No. HAGF/SH/2010/VOL.1/34 dated 25th May 2010 wrote President Goodluck Jonathan and recommended amongst others: implement the terms of the settlement agreement of 30 Nov. 2006; call upon MOGL to pay signature bonus of $201 million less the sum of $2, 40,000 already paid; allow MOGL to treat as it deems fit as concessionaire, contractor and operator of the block with whomsoever it wishes; ensure MOGL and its partners comply with the provisions of the Petroleum Act and all other extant laws as it affects the operation of the block and ensure non-interference by other parties on the rights of MOGL in respect to the block.”
According to the report, President Jonathan conveyed the approval letter vide PRES/88-4/MPR/38/97/HAGF/55 dated May 28, 2010 and signed by the Senior Special Assistant to the President Matt Aikhionbare.
The summary of the allegation provided by EFCC to the Ad-hoc Committee showed that “between 2009 and 2011, Shell Nigeria Ultra Deep Ltd (SNUD); Nigeria Ship Exploration Ltd (NAE) and Shell Nigeria Exploration and Production Company Ltd (SNEPCO) through one Chief Dan Etete negotiated and bought the OPL 245 for a consideration of $1.3 billion without recourse to the rightful owners. The money was paid into a Federal Government of Nigeria JP Morgan Chase Bank account in England.”
The Commission is currently helping Italian Prosecutors and Office of Attorney General of Switzerland, who are following up on a ‘Request for Mutual Legal Assistance’ over allegations of underhand dealings, bribery and corruption of Italian officials of the partly government owned ENI Petroleum the parent company of the Nigeria Agip Exploration (NAE) company on one hand, the involvement of Nigerians including Dan Etete, two former Minister of Justice and Attorney General of the Federation namely: Bayo Ojo and Mohammed Bello Adoke on the other hand.
“Out of this money, the sum of $801,091,000 was transferred from the account into the accounts of Malabu Oil and Gas which is solely controlled by Chief Dan Etete this converting same to his own use, hence the complaints,” the report stated.
KEHINDE AKINTOLA, Abuja
