Following the lingering OPL 245 saga between the Chairman of Human and Environmental Development Agenda (HEDA Resource Centre), Olanrewaju Suraju, and the erstwhile Minister of Justice/ Attorney General of the Federation, Mr. Mohammed Bello Adoke, who was principally fingered in the case among others, the Federal High Court in the Abuja judicial Division, has issued subpoenas to the offices of The Economic and Financial Crimes Commission (EFCC) and Head of IGP Monitoring Unit, Office of the Inspector General of Police, to give evidence as requested by Mr. Olanrewaju Suraju (Defendant).

Others in copy of the subpoenas are: Mr. Simon Loyd, formerly, Executive Director, J. P. Morgan, EMEA AML and Sanctions Compliance, London, who is Currently the Senior Vice President/Head of FCC Central Oversight, PMO & Regulatory Deliverables at Danske Bank; the Minister of Justice/ Attorney general of the Federation, Mr Abubakar Malami; Mohammed Bello Adoke himself; Public Prosecutor's Office at the Court in Milan- Italy and Osolake Bayo, Global Head of Financial Institutions Trade Product Sales Specialist at J.P Morgan, London.

In Suit N0: FHC/ABJ/CR/370/2021 between: Federal Republic of Nigeria (FRN) (Complainant) and Olanrewaju Suraju (Defendant), the FRN will be expected to present its case and evidence to prosecute the charges against the defendants, having withdrawn 2 of the 4 preferred charges at the last sitting of the court when the case resumes on May 10, 2022.

The Court in its Subpoena Duces Tecum Et Ad Testificandum (A court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial) has ordered the Public Prosecutor’s office at the court or Milan Italy, to bring “The official copy of the European investigation Order sent to the UK Authorities in respect of the Malabu Oil Matter; and The UK Authorities response to the European Investigation Order”.

The EFCC is expected to come with the Official copy of the Investigation Report of Alleged Forgery and Impersonation resulting in Cyber Criminality, Financial Crime and Economic Sabotage against Nigeria as it relates to the email sent by one Mohammed Bello Adoke on 21 June 2011 to JP Morgan Chase bank using the email address agroupproperties@yahoo.com.

Also, Mr. Osolake Bayo is meant to come along with The e-mail dated June 21, 2011 from his email address <bayo.o.osolake@jpmorgan.com> with the Subject: FW: BLOCK 245 Malabu Resolution Agreement which he sent to Adewuyi Tosin tosin.t.adewuyi@jpmorgan.com together with the document attached to the mail.

While Mr Simon Loyd was asked to bring the Official copy of the email dated June 24, 2011 which he sent to Lyall, Ian; White, Daniel UK; and Speers Camel with the title: “FGN SUMMARY OF FACTS” as well as Documents shared and any other relevant document with respect to the subject.

Recall that in a suit marked FHC/ABJ/CR/370/21, Suraju was charged with cyberstalking for allegedly circulating the fake audio of a phone interview said to have been planted to implicate Mohammed Bello Adoke, in the OPL 245 saga.

Howbeit, the federal government has submitted before the London court in its civil case against JP Morgan it is withdrawing the forgery trial of the anti-corruption activist Suraju, claiming the action was erroneously filed by both the Police and some officials of the Ministry of Justice, ignorant of its implications for the London lawsuit against J.P Morgan Chase Bank in a UK court.

Nigeria is seeking the award against the bank for allegedly failing in its duty when it transferred $810 million to Malabu Oil & Gas Limited from the sale of OPL 245 to Shell and Eni in 2011. In the same submission, the FRN reaffirmed Mohammed Adoke as the author of the alleged forged email and also the interviewee in the audio tape allegedly referred to as fake in the charges against Suraju

The government argued that the bank ought to have known that it was “a corrupt and fraudulent scheme” and should have withheld the payment.

JP Morgan denied the liability claims, maintaining that the government has not yet proved allegations of corruption in any court of law over 10 years when the payments were made.

The government specifically accused Mohammed Bello Adoke of corruption, the Attorney-General when the OPL 245 resolutions were reached in 2011 and subsequently filed charges in three different courts against him and other co-defendants.

However, the charges around forgery of email against Suraju were dropped after Nigeria’s lawyers pointed out to the Attorney-General that it could jeopardise the case against J.P Morgan since the government was relying on the same email.

Suraju was eventually arraigned over the charges around the alleged stage-managed interview alone, but the lawyers have now informed the Business and Property Courts of England and Wales Commercial Court that the case against the activist would be halted.

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