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Court Vacates Malabu Oil Forfeiture Order Granted EFCC
The Abuja division of the Federal High Court has vacated an interim order of forfeiture granted the Economic and Financial Crimes Commission (EFCC) in respect of the Oil Prospecting License (OPL) 245 otherwise known as Malabu Oil.
Also yesterday, three claimnants of stake in Malabu Oil and Gas – Otunba Oyewole Fasawe, Mohammed Sani Abacha and Kweku Amasaga – dragged the federal government and six others before the Abuja division of the Federal High Court over the re-allocation of OPL 245.
Justice John Tsoho of the Federal High Court vacated the order in a ruling he delivered on an application by Shell Nigeria Exploration and Production Company Limited and Nigerian Agip Exploration.
Tsoho in his ruling held that conditions precedents before such order could be issued were not met by the Chairman of the EFCC.
According to the judge, the order of forfeiture ought not to have been granted the EFCC boss in the first instance because he did not meet the required conditions to enjoy such forfeiture order.
He aligned with the submission of the two oil companies that there was no case of tracing of assets or attachment before the EFCC boss rushed to the court to apply and secured the order for forfeiture as part of the condition precedent.
Justice Tsoho also held that the EFCC Chairman was not the proper person that can invoke court jurisdiction for temporary order of forfeiture and that the subject matter, OPL 245 being an oil block is a tangible property not movable.
“I have taken a critical look into the processes filed and submissions by counsel to parties in the matter and I have come to the conclusion that the Chairman of EFCC failed to meet conditions that can enable him enjoy order of temporary forfeiture.
“In effect, the order of temporary forfeiture of January 26, 2017 granted on the application of the EFCC Chairman is hereby set aside and vacated.
With the setting aside of the order of the temporary forfeiture, proceedings in respect of this matter here come to an end,” the Judge said.
Shell Nigeria Exploration and Production Company Limited and Nigeria Agip Exploration Ltd and other individuals had last month in Abuja asked the Federal High Court to discharge the order of forfeiture which it granted the Economic and Financial Crimes Commission (EFCC).
Justice Tsoho had on Thursday, January 26, 2017 granted an order of interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1billion Malabu Oil deal.
It would be recalled that Justice Tsoho granted the order following an ex-parte motion filed by the EFCC through its counsel, Mr Johnson Ojogbane.
The judge had also held that the property should be managed by the Department of Petroleum Resources on behalf of the federal government, pending the conclusion of investigation and prosecution of all those involved.
Recall that the EFCC had on December 20, 2016, charged nine suspects, including Adoke, with respect to the $1.1billion scam.
Other accused persons named in the charges filed by the EFCC before a Federal High Court in Abuja, were Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd, Megatech Engineering Ltd.
The anti-graft agency, in the charges with suit number, HC/ABJ/CR/268/2016, accused Adoke of illegally transferring over $800million purportedly meant for the purchase of the OPL 245 to Etete, Malabu Oil & Gas Limited from a Federal Government account.
Meanwhile, the Abacha family, Fasawe, Amasaga have draged the FG and 6 others to court over re-allocation of of OPL 245.
within the area covered by OPL 245 and is therefore invalid, wrongful, null and void and of no effect whatsoever.
The plaintiff also wants the court to give a declaration that the grant of OPL 245 by the 2nd defendant to the plaintiff in the exercise of the 2nd defendants powers under Section 2 of the Petroleum Act Cap. P.10 Laws of the Federation of Nigeria, 2004 does not constitute an offence under any penal law in Nigeria and OPL 245 is not the proceeds of any offence or crime under EFCC (Establishment) Act Cap. E1 Laws of the Federation 2004 or any other law in force in Nigeria.
Based on the above, the plaintiff therefore wants the court to make an order compelling the defendants to restore to it its right to the exclusive possession of OPL 245.
In addition, the plaintiff is also praying the court for an order of perpetual injunction restraining the defendants and in particular the 6th defendant from treating and or dealing with OPL 245 as a proceed of an offence and from interfering in any manner whatsoever and howsoever with the plaintiff’s exclusive right to explore and prospect for petroleum in the area of OPL 245.
The plaintiff also wants an order of perpetual injunction restraining the defendants from carrying out any exploration or prospecting activities in connection with or in relation to the area covered by OPL 245.
The matter is yet to be assigned for hearing.
News
Victory Over Insurgency Certain, Tinubu Assures
President Bola Tinubu has expressed confidence that the country would win the fight against insecurity.
The President gave the assurance at the Argungu International Fishing Festival in Argungu town, Kebbi State, on Saturday.
He noted that the relative peace currently being enjoyed in Kebbi and neighbouring states was the result of sustained investments in security intelligence, coordination among security agencies, and community engagement.
Tinubu assured farmers and fishermen of sustained federal support to guarantee food security and safety across the country.
“The peace we are witnessing today is not accidental. It is the outcome of deliberate and sustained efforts. I assure you that the fight against banditry, insurgency, and insecurity will be won.
“Our farmers, fishermen, traders, and families will go about their lawful activities without fear,” he assured.
The President commended the organisers of the festival for sustaining the cultural event for decades, noting that it had endured for 83 years despite social and security challenges.
Describing the Argungu festival as a powerful symbol of unity, resilience, and peaceful coexistence, Tinubu stated that it reflects the richness of the country’s culture and the opportunities to harness its natural and human resources for national growth.
He said, “Today, this festival stands as a powerful symbol of unity, resilience, and peaceful coexistence among our people.
“It reflects the richness of our culture, the strength of our traditions, and the opportunities inherent in harnessing our natural and human resources for national development.”
The President was received by a large crowd of residents, traditional rulers, fishermen, tourists, and government officials from across the country.
The President reaffirmed his administration’s commitment to youth and women empowerment, irrigation development, rural electrification, and agricultural productivity.
Earlier, the Kebbi State Governor, Nasir Idris, said his administration was determined to elevate the Argungu Fishing Festival to full international standards while pursuing aggressive development across critical sectors of the state.
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US Embassy, Lagos Consulate Close Today For President’s Day
The United States Embassy in Abuja and the Consulate General in Lagos will be closed today, in observance of Presidents’ Day.
The mission made this known in a notice shared on its official X page, yesterday.
“The U.S. Embassy in Abuja and the Consulate General in Lagos will be closed on Monday, February 16, 2026, in observance of Presidents’ Day,” the post read.
According to the embassy, Presidents’ Day was originally established to honour the birthday of the former US President, George Washington, but has evolved into a day to celebrate all U.S. presidents and their leadership in shaping the country’s history.
The embassy noted that the holiday also recognises the influence of U.S. presidents on global affairs.
In a related message, the mission highlighted that Washington created the first “Badge of Military Merit,” which later became the Purple Heart. The medal still bears Washington’s image today.
Presidents’ Day is observed on the third Monday of February annually in the United States as a federal holiday.
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Guterres Backs Nigeria’s Bid For UN Security Council Seat …Hails Tinubu’s Reforms, Regional Security Role
United Nations Secretary-General, António Guterres, has charged Nigeria with spearheading Africa’s quest for a restructured global order, describing the country as uniquely positioned to lead the continent toward superpower status.
Guterres, who backed Nigeria’s bid for the world body’s security council seat, also praised the economic reforms of the President Bola Tinubu-led administration as well as Nigeria’s leadership in stabilising the Sahel and ECOWAS regions, despite facing its own security challenges.
The UN scribe made the remarks last Friday night during a high-level bilateral meeting with Vice President Kashim Shettima on the sidelines of the 39th African Union (AU) Summit in Addis Ababa, Ethiopia.
Speaking during the meeting, Guterres said Nigeria’s large population, sustained democratic governance, vast natural and human resources, and longstanding commitment to multilateralism placed it in a unique position to lead Africa in the evolving global order.
“Given Nigeria’s demographic strength, democratic continuity and deep resource base, the country stands a real chance of leading Africa to becoming the next superpower in the evolving global architecture,” he said.
The UN Secretary-General and the vice president discussed key developments in Nigeria and the country’s expanding leadership role in promoting regional stability across West Africa and the Sahel.
Guterres commended the remarkable and outstanding reforms of the administration of President Tinubu, noting that Nigeria’s bold economic restructuring and security commitments have strengthened its continental standing.
The meeting focused on strengthening Nigeria–UN collaboration to advance global economic growth, peace and security, sustainable development, and a coordinated humanitarian response across Africa.
In his remarks, Shettima thanked the UN Secretary-General for his leadership in advancing global peace, noting that Africa has benefited immensely from his tenure, even as the United Nations undergoes internal restructuring.
“We remain committed to multilateralism and to deepening our partnerships with the United Nations and other global institutions,” the vice president said.
Shettima also reiterated Nigeria’s longstanding call for comprehensive reform of the United Nations system to reflect evolving global realities.
He emphasised that Africa must have stronger representation in global decision-making structures and declared that Nigeria deserves a permanent seat on the United Nations Security Council.
Both leaders pledged to deepen cooperation, with Guterres reaffirming the UN’s support for Nigeria’s reform agenda and its growing leadership role in advancing peace, security, and development across Africa.
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