ABUJA, Nigeria — The Economic and Financial Crimes Commission has asked a court in Abuja to authorise the arrest of former Petroleum Resources Minister Dauzia Loya Etete and two other suspects to facilitate their extradition over the $1.09 billion Malabu oil deal.
The commission filed an application before the Federal Capital Territory High Court seeking warrants for Etete, also known as Dan Etete, Munamuna Seidougha, and Amaran Joseph, who have been charged in connection with the controversial Oil Prospecting Licence 245 settlement agreement.
The application, reported on Wednesday, January 29, 2020, states that the three suspects are believed to be residing in France and have occasionally been seen elsewhere in Europe.
The EFCC said arrest warrants were necessary to initiate the process of bringing the suspects to Nigeria to face trial.
EFCC Alleges Use of Forged Company Documents
The commission accused Etete and the other suspects of participating in transactions involving Malabu Oil and Gas Limited, the company at the centre of the disputed oil block settlement.
According to the charges, Rasky Gbinigie, Seidougha, and Joseph allegedly used falsified corporate records to establish a bank account intended to receive $401.54 million in Abuja in 2013.
The documents included a Corporate Affairs Commission Form CAC 7, a board resolution purportedly issued by Malabu Oil and Gas Limited, and a resignation letter attributed to Mohammed Sani.
The EFCC alleged that the suspects knew the documents were forged when they presented them as authentic.
In a separate count, prosecutors accused Gbinigie, Seidougha, Joseph, and Etete of using the same allegedly falsified records to open another account intended to receive $400.54 million.
The allegations form part of the criminal proceedings arising from the $1.09 billion settlement involving Malabu’s interest in OPL 245.
Investigators Say Suspects Are Residing Abroad
In an affidavit supporting the application, EFCC investigating officer Ibrahim Ahmed said the commission’s inquiries had identified Etete and the two other suspects as individuals involved in directing the affairs of Malabu Oil and Gas Limited.
Ahmed said the investigation had uncovered evidence of alleged criminal conduct and that the suspects were named in several counts of the charges pending before the court.
The commission’s intelligence indicated that the three men were living in France and occasionally travelling to other European countries, according to the affidavit.
Prosecutors said the suspects had been named in counts 14 through 42 of criminal charge CR/151/2020 and remained at large.
Ahmed maintained that their alleged roles in the company’s activities required them to appear before the court to answer the charges.
The affidavit also stated that prosecuting counsel Bala Sanga had informed the investigating officer that a judicial arrest warrant was required to pursue the suspects’ extradition.
Prosecutors Cite Criminal Justice Act
In its written submission, the EFCC asked the court to exercise its powers under Sections 3, 35, 36, and 37 of the Administration of Criminal Justice Act, 2015.
The commission argued that the legislation authorised the court to issue arrest warrants against persons accused of criminal offences, including defendants who had not appeared before the court.
Prosecutors submitted that the charges and supporting evidence provided sufficient grounds for the warrants to be issued.
They also argued that the application satisfied the legal requirements for a warrant because it was supported by a sworn affidavit from an investigating officer.
The EFCC cited the Court of Appeal’s decision in Fayose v. State in support of its request.
The commission said obtaining the warrants would allow it to pursue the suspects’ return from abroad and bring them before the court to answer the allegations.
Court Yet to Hear Application
The application was filed before Justice A.I. Kutigi of the Federal Capital Territory High Court in Gwagwalada, Abuja.
At the time of the report, the court had not fixed a date to hear the EFCC’s request.
The application was submitted by a prosecution team comprising Bala Sanga, Aliyu Yusuf, Offem Uket, M.S. Abubakar, and H.S. Shehu.
The allegations against Etete, Seidougha, and Joseph remain accusations contained in the prosecution’s case, and the filing of charges does not establish their guilt.
The court had yet to determine whether to grant the requested arrest warrants.
