BEVERLY HILLS, April 13, (THEWILL) – A Federal High Court sitting in Abuja has ruled that Mohammed Bello Adoke, a former Attorney-General of the Federation (AGF), acted within the law and cannot be held liable for obeying a presidential directive in the resolution of the OPL 245 dispute with Malabu Oil & Gas Ltd.
The court also ruled, on Friday, that Adoke acted on the orders of President Goodluck Jonathan on all the settlement agreements regarding the deal.
Adoke had asked the court to declare his prosecution by the Economic and Financial Crimes Commission (EFCC) illegal as he asked the court to declare that he acted in the deal on the orders of Jonathan.
Delivering judgement on the suit, Binta Nyako, the presiding judge, held that based on sections 5 (1), 147 (1), 148 (1) and 150 (1) of the constitution, the powers of the president could be exercised through his ministers.
“The executive powers of the president are exerciseable by his ministers,” Nyako ruled.
“The plaintiff cannot be held personally liable for carrying out the lawful directives of the president.”
The judge declined to grant the fifth relief sought by ex-AGF asking the court to declare that his prosecution by the EFCC is illegal explaining that the anti-graft body was not joined in the suit.