The Attorney General of the Federation
and Minister of Justice , Mr. Abubakar Malami, has directed the Economic
and Financial Crimes Commission to probe the circumstances surrounding
the deal reached by his predecessor, Mr. Mohammed Adoke, not to
prosecute a firm, Tidex Nigeria Limited, suspected of an alleged crime.
The directive by the AGF to the EFCC was
informed by a petition written by an Abuja-based lawyer, Mr. Max Ogar,
who alleged that Adoke as the then AGF in 2011, exempted Tidex,
otherwise known as Tidewaters, from prosecution after committing an
offence of “importing toxins into the country”.
Our correspondent on Tuesday sighted a
letter signed on behalf of Malami by his Special Assistant on
Prosecutions, Mr. Okoi Obono-Obla, giving the EFCC a three-week
ultimatum to investigate the deal reached between Adoke and the company
in 2011.
EFCC is, by the Malami’s directive, expected to turn in its report within the same period of three weeks.
An EFCC source told our correspondent that the commission received the letter from the AGF’s office on April 23.
Attached to Ogar’s petition dated April
11, 2016, was a copy of the document, titled, “Terms of settlement and
non-prosecution agreement between the Federal Government and Tidex
Nigeria Limited.”
A copy of the non-prosecution agreement,
which was obtained by our correspondent along with the petition, was
signed by Adoke, a Senior Advocate of Nigeria; Godwin Obla, who served
as the Federal Government’s lawyer, and the representatives of Tidex.
As part of the agreement, Tidex was to
pay the sum of $6m into the account of the Federal Government with the
Central Bank of Nigeria.
Five per cent of the $6m which amounts
to $300,000 was to be paid to the Federal Government’s designated lawyer
(Obla) as “legal costs and expenses” incurred by the Federal Government
“in connection to the investigation carried out into the conduct of
Tidewater”.
Ogar, who alleged that there were
elements of “economic crime” in the deal, wants the EFCC to investigate
among others, “what did the private citizen do to earn a fee of $300,000
and why didn’t the Solicitor General of the Federation witness the
purported agreement?”
The agreement reads in part, “Whereas
the FGN, through its Attorney General and Minister of Justice has deemed
it appropriate to initiate criminal proceedings against Tidewater and
Companies in the absence of this agreement arising from the outcome of
investigations carried out into the conduct of Tidewater and Companies’
business in Nigeria.
“Whereas the FGN and Tidewater on behalf
of Tidewater and Companies now desire to amicably resolve all matters
relating to the proposed criminal proceedings under the terms set forth
below.
“Now, therefore, in consideration of the
mutual promises and releases contained herein and other good and
valuable consideration, the FGN and Tidewater for Tidewater and
Companies agree as follows:
“1. Finality: (i) Non-prosecution
agreement: The FGN agrees that it will not file or seek to file any
criminal charges, complaints, allegations, law suits (civil or
otherwise), indictments, or causes of action of any kind against
Tidewater, or any of the companies arising from any of the facts or
allegations relating to the investigations carried out into the conduct
of Tidewater and Companies’ business in Nigeria subject matter of the
proposed criminal proceedings pursuant to any Nigerian laws and which
arise, relate to, or are connected with any failure by Tidewater and/or
any of the companies to comply with applicable Nigerian law in relation
to the temporary importation of vessels into Nigeria.
“Or in relation to the use of Panalpina
entities or other customs brokers, agents to secure permits or waivers
from any FGN agency (Panalpina Services), including but not limited to
actions under the Money Laundering (Prohibition) Act, the Economic and
Financial Crimes Commission Act, the Criminal Code Act, the Corrupt
Practices and other Related Offences Act, the Penal Code Act, the
Companies and Allied Matters Act, the Customs and Excise Management Act
and all other related legislations, regulations of any of successive
legislations or modifications in relation thereto.”
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