Former Minister of Justice and Attorney General of the Federation, Mohammed Adoke, has approached an FCT High Court to challenge the order which asked that he should be arrested for invading trial.
The Economic and Financial Crimes Commission (EFCC) had obtained a bench warrant against Adoke, Dan Etete, former Minster of Petroleum and others for their alleged involvement in shady deals regarding the sale of Malabu oil.
The bench warrant for the arrest of the defendants was sequel to an ex-parte application by the EFCC.
Justice Danlami Senchi of the FCT High Court, Jabi, Abuja, had on April 17, 1019, issued an order for the arrest of Adoke, Etete and four others over their complicity in the Malabu Oil scam.
The others are Raph Wetzels, Casula Roberto, Pujato Stefeno, and Burrato Sebastiano.
However, Adoke in a motion ex-parte filed on April 23, by his lawyer Chief Mike Ozekhome (SAN), is asking the court to set aside the order for his arrest on the grounds that the court was misled in issuing the order.
The motion with number M/5494/19, is also praying the court to strike out the name of Adoke as a defendant in the suit by the Federal government against Shell Nigeria Exploration Production Company Limited and 10 others.
Ozekhome in the ex-parte submitted that the order for Adoke’s arrest was issued in breach of his judgment right to fair hearing as guaranteed by the constitution, adding that Adoke was neither served with the charge sheet and proof of evidence, nor any other summons in respect of the criminal charge pending before the court.
Ozekhome further submitted that the warrant for Adoke’s arrest was issued without jurisdiction and ought to be set aside.
No date has been fixed for hearing.