In an attempt to unlock the details surrounding $9 billion judgement saga against Nigeria by a British court, the attorney-general of the federation, Abubakar Malami (SAN), on Sunday disclosed that all those involved in the drafting of the controversial agreement, those who took part in the signing of the agreement and conduct of the contract were under investigation.
Although the AGF did not mention names, however, said there is no limit to those being quizzed by security agencies in respect the controversial gas contract.
Addressing Newsmen in Abuja on Sunday, Malami said the investigation by security agents would extend beyond the borders of the country.
He said, “There is indeed an ongoing investigation being extensively and intensively carried out by agencies of government.
”It (the investigation) is indeed concerted. It is borderless and there are no limitations as to who and who can be invited and who cannot be invited.
“I wouldn’t like to be specific on personalities, but I want to state categorically that those that were involved in the process of drafting the agreement, signing the agreement and conduct of the contract are being investigated for the purpose of establishing the existence of fraud or otherwise.”
The AGF once again blamed the previous government for mishandling the case following the refusal to appeal the decision.
According to him, the Buhari government took the earlier decision to negotiate with the firm because at the inception of the administration, there was already an award and the timeline for government to appeal had elapsed.
Malami said, “As of the time we came on board, there was already an award of about $6.9bn. As of that time, the time which we would have appealed had already elapsed.
“There was no time for us to appeal because the previous administration did not appeal against the judgment when it was made in June 2014.
“So, with the lapsing of time to appeal, you could not have filed an application to either set aside the award or to stay execution. You require the leave of the court to appeal an award. That leave would have been very difficult because Nigeria as of then had been adjudged to have slept over its rights to appeal.
“The only option open was to consider the possibility of negotiating, which was what informed our decision to consider the possibility of negotiation.”
The minister further revealed that Nigeria was working towards establishing the fact that fraud was involved in the conception of the contract as that would be a good ground to set aside the judgement.
“Along the line of negotiation, many facts came to light, inclusive of the fact that gave rise to the possibility of insinuation of fraudulent underhand among the parties involved”, he continued.
“And for your information, legally speaking, fraud could be a ground for setting aside an award without necessarily having to go through the rules of seeking for leave.
“If you can establish fraud, there is no time limit within which you can raise it, as against appealing the award of the decision of the tribunal on the basis of law of facts.
“So, when fraudulent insinuations manifested in the course of the engagement, it is only logical that Nigeria should have a consideration for investigation relating to the fraudulent elements which could afford the country an opportunity to have the entire award set aside if fraud can be established.”
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