Malabu: Adoke Seeks Probe of Two Italian Prosecutors for Misconduct

Davidson Iriekpen

Former Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN), yesterday petitioned the Italian Minister of Justice, urging him to probe what he described as acts of forgery and professional misconduct against two prosecutors, Fabio De Pasquale and Sergio Spadaro in the OPL 245 trial.

In the complaint filed by Femi Oboro of Gromyko Amedu Solicitors, on behalf of the former minister, Adoke called for a thorough investigation into the activities of the lawyers for unlawful acts of intimidation, threat to life as well as forgery of documents intended to pervert of the course of Justice.

Adoke stated that sometime in May 2016, he met the Italian and Dutch investigators at The Hague, Netherlands, in respect of OPL 245 Settlement Agreement of 2011.

He noted that De Pasquale was engaged in an unlawful deceptive conduct, to wit: commit him to be interviewed without a prior knowledge that he was a suspect, and that his statement was intended for his criminal prosecution by the Italian prosecutor.

Aside the alleged deception, the ex-attorney general, noted that the statement “It is all about your life,” made by De Pasquale, during the so-called interview was unlawfully intended to put undue pressure on him for fear of harm to his life or person and to compromise his position on the allegations of money laundering connected with the OPL 245 settlement agreement.

Besides, the former minister stressed that during the criminal trial before the Court of Milan, the public prosecutor unlawfully engaged in acts of forgery of documents or evidence in aid of the prosecution’s case with several allegations of fact made against him which were unsubstantiated at the trial.

He stated that a phony telephone interview recording and the email of 21/06/2011 were forged with the unlawful intent to interfere with the course of justice or subverting the wheel of justice at the ongoing criminal trial at the Court of Milan in connection with the case.

He said that Spadaro specifically engaged in misleading interpretation and deliberate reconstruction of the role played by him in his official position as the attorney general of the federation in the implementation of the settlement agreement of 30th November 2006 between the federal government and Malabu Oil and Gas Limited.

“Furthermore, it is obvious from the testimony that Dr. Sergio Spadaro was mischievously guiding the court to arrive at a predetermined conclusion by mischievously withholding critical information, facts and evidence that exonerate our client of the allegations of corrupt practices in respect of the OPL 245 settlement agreement,” he noted.

According to Adoke, the legality of his actions in respect of the OPL 245 settlement agreement of 2011 had been confirmed by a valid and subsisting judgment of Justice B.F.M Nyako of the federal high court, Abuja to the effect that he was only carrying out the lawful directives/approvals of the president and cannot be held personally liable.

He stated that Spadaro sought to mislead the Milanese court with his closing remarks by deliberately concealing the existence and effect of the judgment of the federal high court from the Milan court.

The petitioner added: “We have made considerable and painstaking efforts to draw attention to these acts of deliberate falsehood as well as concerted efforts by the public prosecutors to withhold materials/exculpating evidence from the court and guiding the court to arrive at a predetermined outcome.

“It should be noted that the unethical conduct of the prosecutors were not isolated acts, but a carefully orchestrated plan, acting in concert with other interested parties to negatively influence the court to make adverse findings against our client with a view to influencing the on-going criminal trial in Nigeria.

“Our client has therefore instructed us to lodge a formal complaint against the Public Prosecutors (Fabio De Pasquale and Sergio Spadaro) for their unethical conduct”

Adoke stated that though he was not on trial before the Milanese court, the Italian prosecutors went to unimaginable length to illegally procure forged evidence, engaged in deliberate suppression of exculpating evidence and continuously misled the court with a view to painting him with the tar of corruption.

“This has caused our client his reputation globally, destroyed his source of livelihood and damaged his family life. It is therefore our client’s prayer that the conduct of these prosecutors be investigated and that they be held accountable for their professional misconduct,” the petition stated