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Malabu Deal: Court Summons AGF Over Adoke

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By Moses Orjime, Abuja
A Federal High Court of the Abuja Judicial Division has summoned the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to appear before it 30 days from May 24, 2017, following an application by his predecessor, Mohammed Adoke.
In the originating summons with suit no FHC/ABJ/CS/446/2017 and dated May 24, 2017, the plaintiff, Adoke, applied to the court to cause Malami to appear before it to determine whether having regards to the provision of Section 5 (1) of the 1999 constitution as amended, the executive powers of the federation are vested in the president to exercise same directly or through a minister of the government of the federation.
The former minister also wants the defendant to determine whether by the combined reading of the section 5 (1), section 147 (1), section 148 (1) and section 150 (1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the plaintiff herein while serving as a minister of the government of the federation could exercise the executive powers of the federation vested in the president as directed by the President and whether the plaintiff while serving as a minister of the government of the federation can be held personally liable for carrying out the lawful directives and/or implementing the lawful approvals of the president.
The plaintiff also sought reliefs from the court, among them, “a declaration that the involvement of the plaintiff in the negotiations leading to the implementation of the settlement agreement dated 30 November, 2016, between Malabu Oil and Gas Limited and the federal government of Nigeria and the eventual execution of Block 245 Malabu resolution agreement dated 29 April, 2011 between the federal government of Nigeria and Malabu Oil and Gas Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.”

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