…asks AGF to approach UAE for necessary action
The Police in Dubai may not be bound by orders made by Nigerian courts bothering on a former Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).
There were reports that the former AGF was arrested by the International Police Organisation (INTERPOL) in Dubai, the United Arab Emirates (UAE).
The Economic and Financial Crimes Commission (EFCC) had, sometime in 2016, filed a criminal charge against Adoke before the Federal High Court in Abuja, over the Oil Prospective Licence (OPL) 245 settlement deal, otherwise known as Malabu scandal.
Prior to the said arrest in Dubai, the EFCC had obtained an order of court for Adoke’s arrest, even as another court was said to have made a counter order restraining the commission from taking him in.
But chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, has said that none of such orders had effect on Dubai, or the police there.
The professor of International Law, who spoke with New Telegraph against the backdrop of the arrest, however, enjoined the Office of the Attorney General of the Federation (OAGF), to file an action before a competent court in Dubai, to restrain Adoke, pending possible extradition.
This was as the PACAC further noted that for a court to make an order for extradition, a prima facie case must be established against the person against whom the order is being sought.
“I can tell you confidently, because my field is International Law, that a court order in Nigeria, has no effect on the police and security agencies in Dubai. Absolutely no effect.
“So, the impact of the court order is that Adoke’s lawyers may be saying, ‘okay, the arrest was effected based on a court order from Nigeria, so if it’s vacated, those people will release him’.
“Those people can still decide not to release him, because they are not affected by our court orders.
“Nigerian courts have no jurisdiction over what happens in Dubai. So, at the end of the day, it depends on the Dubai authorities,” Sagay said.
While noting the procedure for extradition, the Senior Advocate of Nigeria (SAN) explained that Adoke’s alleged offence was “extraditable”, because it is a “financial crime”.
His words: “What I will advise the Attorney General’s office to do, is to bring an action in Dubai, restraining him there pending extradition. Nigerian court order has no impact, no legal effect; it cannot exceed Nigerian borders, in effect.
“To apply in Dubai for his extradition, that’s the way it’s done. You apply where the person is resident. The court there will make the order for his arrest.
“But you have to justify the order for his extradition to the country to which you want to transfer him, by showing what offence he has committed in that country.
“And, if there is a prima facie case established, and the offence is extraditable, because, some offences are not extraditable. For example, a political offence is not extraditable.
“If it’s extraditable, then that court where he is resident, will give the order. It’s on that basis that he will be brought to Nigeria.”
According to him, “The Nigerian court, basically, has no role in this matter.”