A Senior Advocate of Nigeria, Mike Ozekhome, has condemned the continued detention of a former Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Adoke.

He also took a swipe at the Economic and Financial Crimes Commission (EFCC) for failing to release his client – Adoke – after the Federal Capital Territory (FCT) High Court granted him bail.

The statement reads:

“It is quite surprising, if not distressing, to behold EFCC obtaining a two-week detention order to keep Mohammed Bello Adoke, SAN in its custody. This is a man they had already charged to court since 2017, even in absentia, whilst he was in the Netherlands pursuing his masters degree in International law”.

“Adoke therefore elected to return to Nigeria voluntarily, purchasing his own ticket by himself, and signing as such, accordingly. I had issued a statement to the effect that Adoke was on his way back to Nigeria and would report to the EFCC with lawyers from my office upon his arrival”.

“It was therefore a matter of great surprise that the Interpol still arrested him upon arrival and handed him over to the EFCC. Rather than the EFCC immediately arraigning him before a court based on charges already preferred against him even in absentia, it has resorted to obtaining an Ex parte order from the FCT High Court, to detain him for two weeks. We don’t want to believe that Adoke will be persecuted rather than prosecuted”.

“The last time I checked, cases are first thoroughly investigated before a suspect is charged to court as has been done in the Adoke matter. Of what use is his present incarceration meant to achieve? Is it meant to subdue him? Punish him? Wear him out mentally, physically, spiritually, psychologically and psychically? Deny him justice? Subject him to public ridicule, derision, odium and obloquy?

“Is it meant to negatively put him in the public domain, try him, convict him and sentence him, through media trial? All these will neither help the course of justice,nor promote constitutional democracy, with its corollary in-built safety valves of advancing inalienable human rights and liberties as recognised by extant national, sub-regional, regional and international civil rights instruments”.

“We humbly appeal to the EFCC to accord Adoke administrative bail to take care of his poor health, the very reason he had gone to Dubai. In the event that this fails, we shall immediately take legal steps to vacate this Ex parte order, with a view to protecting our client’s rights and securing his liberty.”

The EFCC stated that Adoke is facing criminal charge “for alleged abuse of office and money laundering in respect of the granting of the Oil Prospecting License (OPL) 245 to Shell and ENI”.

He added, “This has further jeopardised his very poor and fragile health. The court had actually taken Adoke’s ill health into consideration in making the order for his release, with certain bail conditions.”

“From the foregoing, it is crystal clear to any discerning observer that our client is no more being prosecuted, but is being persecuted, by the EFCC, which has, by this singular act, now constituted itself into an institution that acts above courts of law.

“It now deploys unbridled powers to choose and/or decide (as in this particular case), whether or not to obey valid and extant orders made by courts of competent jurisdiction,” Ozekhome alleged.

He, however, urged the anti-graft agency to respect a valid court order by releasing his client and asked the Federal Government to build strong and enduring institutions.

According to him, such a situation is unhealthy for the nation’s democracy and constitutes an unnecessary invitation to chaos and anarchy.

Adoke’s lawyer insisted that his client has fulfilled the conditions for his bail and upon presenting the release order, he claimed that the EFCC came up with another round of stories.

“It was either that one official or the other, was not available to authorise the release and, so Adoke continues to languish in illegal detention. As of today, 6th February 2020 (and still counting), over seven clear days after the court granted Adoke bail, the EFCC continues to detain him.

“Notwithstanding our client’s fulfilment of his bail conditions, he has been kept by the Respondent in horrific detention, in blatant defiance of the court’s clear and mandatory order for his release on bail,” Ozekhome decried.

He stressed that Adoke’s health condition was fast deteriorating on a daily basis, adding that the former AGF now has typhoid and malaria among other illnesses while his sight was gradually failing him.

The SAN alleged that this has forced the EFCC to hurriedly transfer Adoke to the Federal Medical Centre, Abuja.