Court Acquits Aliyu Abubakar, Malabu Oil in $1bn OPL 245 Money-Laundering Case
A Federal High Court in Abuja has acquitted Aliyu Abubakar, Malabu Oil and Gas Limited and six other defendants in a money-laundering case linked to OPL 245, faulting the EFCC’s investigation and its decision to prosecute despite the former Attorney-General’s advice against the case.
Court Finds Prosecution Failed to Prove Charges
The Federal High Court in Abuja has discharged and acquitted businessman Aliyu Abubakar, Malabu Oil and Gas Limited and six other defendants in a money-laundering case linked to Nigeria’s controversial Oil Prospecting Licence 245 (OPL 245).
Justice Inyang Ekwo delivered the judgment on Thursday, October 15, holding that the Economic and Financial Crimes Commission (EFCC) failed to prove the allegations against the eight defendants beyond reasonable doubt. The case, filed in December 2016, involved 43 counts concerning alleged financial transactions linked to the oil block.
The EFCC had alleged that about $1 billion and ₦673 million were involved in the offences. The defendants pleaded not guilty. The court’s decision means the charges in this case were not established to the criminal standard of proof required for conviction.
Questions Over the Investigation and Prosecution
In reaching his decision, Justice Ekwo criticised the investigation that preceded the charges, finding that it had not been concluded before the defendants were prosecuted. He stressed that investigators must demonstrate actual investigative work rather than rely on assumptions.
The judge also faulted the EFCC for proceeding despite a 2018 letter from the office of the then Attorney-General of the Federation, Abubakar Malami, advising against prosecution on the ground of insufficient evidence.
Justice Ekwo said prosecuting agencies should not act contrary to the advice or directives of the Attorney-General and expect the court to endorse their actions. His comments place prosecutorial coordination and compliance with the Attorney-General’s constitutional role at the centre of the judgment.
The Wider OPL 245 Background
OPL 245 has been the subject of prolonged legal and international scrutiny following a 2011 settlement involving the Federal Government, Malabu, Shell and Eni. The transaction, valued at approximately $1.3 billion, generated investigations into the handling and distribution of the funds.
The present acquittal, however, concerns the specific criminal charges brought against these defendants. It should not be read as a judicial determination of every dispute or allegation associated with OPL 245.
In a separate judgment, Justice Ekwo also acquitted Abubakar on five outstanding money-laundering counts concerning an alleged ₦300 million payment in a case that initially involved former Attorney-General Mohammed Bello Adoke. The judge held that the prosecution had failed to establish those allegations beyond reasonable doubt.
The decisions underscore a central requirement of criminal justice: serious allegations must be supported by admissible evidence sufficient to prove the charged offences. They also raise questions about investigative readiness and coordination between law-enforcement agencies and the office of the Attorney-General before criminal proceedings are commenced.
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