Former Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke has challenged the order of arrest made against him by a High Court of the Federal Capital Territory (FCT), Abuja.
In a motion on notice by his lawyer, Mike Ozekhome (SAN), Adoke wants the court to set aside the order for his arrest.
He also wants the court to strike out his name from the charge, marked: FCT/HC/CR/124/2017 between the Federal Republic of Nigeria and Shell Nigeria Exploration Production Company Limited and 10 others.
Adoke argued that the arrest warrant was issued in breach of his right to fair hearing, guaranteed under the Constitution.
Adoke stated that he was, in suit: FHC/ABJ/446/2017 by a judgment of the Federal High Court, Abuja, against the Attorney General of the Federation, “esculpated with respect to the same facts and circumstances over which the applicant (Adoke) was erroneously charged and the basis upon which the bench warrant was issued.
“The applicant had, in the suit No:FHC/ABJ/446/2017 secured a judgment of the Federal High Court, sitting in Abuja against the Attorney General of the Federation, representing the Federal Republic of Nigeria, wherein the applicant was exculpated with respect to the facts and circumstances for which the applicant is charged before the court.”
Apart from Adoke, others affected by the court’s arrest warrant were a former Minster of Petroleum Resources, Dan Etete, Raph Wezels, Casula Roberto, Pujato Stefeno and Burrato Sebastino, and Aliyu Abubakar.
Also, the foreigners among the suspects – Casula Roberto, Pujatti Stefeno and Burrafato Sebastiano – filed a joint application seeking an order setting aside the arrest warrant.
In the application filed on their behalf by their lawyer, Mr. Joe Kyari-Gadzama (SAN), they contended that the court was misled in issuing the arrest warrant against them.