He argued that such civil suit “cannot be used to stop criminal prosecution already initiated.”
Malami noted in his papers that the charges which its validity Adoke was challenging were five counts involving the fraudulent transfer of billions of dollars derived from the Oil Processing Licence (OPL) 245 deal.
Adoke had in May 2017 filed the suit against his successor as the sole defendant, urging the court to declare as illegal his prosecution by the Economic and Financial Crimes Commission (EFCC) over alleged involvement in the deal between Malabu Oil and Gas Limited and the Federal Government over OPL 245.
Malami, through the Permanent Secretary and the Solicitor-General of the Federation, Mr. Dayo Apata, filed in response to the suit, a notice of preliminary objection challenging the competence of the suit and the court’s jurisdiction to hear it.
He also filed a counter-affidavit challenging the merit of the case.