He was subsequently discharged by a federal high court in Abuja following the request from the office of the attorney-general of the federation (AGF), Abubakar Malami.
The federal government was planning to terminate the case because the country’s lawyers believe it would jeopardise Nigeria’s bid to get $1.7 billion from JP Morgan Chase Bank for its role in the OPL 245 payments to Malabu Oil & Gas Ltd in 2011.
Nigeria is relying on the same evidence for which Suraju was being tried to establish a case of negligence against JP Morgan in a UK court.
The bank had pointed out the apparent contradiction in its defence and Nigeria’s lawyers informed the court the federal government was planning to withdraw the charges.
At the resumed hearing on Tuesday, the prosecuting counsel, Yewande Cole, told the court that she had been directed by the AGF to withdraw the case.
“I have the instruction of the attorney-general to withdraw the amended charge of two counts for further review,” Yewande said.
“This means that the court will strike out the case and when we are ready to go on, we will come back and refile it.”
She also argued that according to relevant provisions of the law, the defendant could only be discharged and not acquitted at this point.
Counsel to Suraju, Muiz Banire, however, asked to court to acquit his client saying that was the natural cause of action following such an application for withdrawal.
“It is law as contained in Section 355 of the Administration of Criminal Justice Act (ACJA) that where such an application is made, the court will acquit the defendant,” he said.
Banire also asked the court to order the release of the N7 million bond he posted to secure the bail of his client.
The senior lawyer further asked the court to award N1 million cost to him.
In a short ruling, Justice Binta Nyako discharged Suraju and also discharged the N7 million bail bond.
Nyako, however, ordered the prosecution to pay N250,000 to the defendant whenever the case was going to be re-filed.
In a suit marked FHC/ABJ/CR/370/21, Suraju is being charged with cyberstalking for allegedly circulating the fake audio of a phone interview said to have been planted to implicate Mohammed Bello Adoke, former AGF, in the OPL 245 saga.
Suraju was accused of circulating a forged email purportedly sent to one Bayo Osolake of JP Morgan, UK, by Adoke from the account of AA Properties, owned by Abubakar Aliyu who was accused of distributing bribes in the transaction.
In February 2021, Adoke, through his lawyers, had petitioned the IGP requesting an investigation into the email shared with the media by HEDA Resource Centre.
He said the email was intended to support the claim that there was corruption in the deal and to create the impression that he and Aliyu, owner of AA Properties, “worked together” to fleece Nigeria.
The former AGF said he was no longer a minister as of the date it was sent and had no reason to use another person’s email address.
Adoke also debunked the claim he had a phone conversation with an Italian journalist in 2017 in which he was said to have acknowledged that the OPL 245 deal was a scam.
He said the phone conversation was stage-managed as he was on self-exile at the time and had stopped using a Nigerian line since June 2015.
After investigation, police recommended the prosecution of Suraju and the office of the AGF promptly filed a four-court charge against him.
Two of the charges relating to the email were dropped reportedly because of the case in the UK but Nigeria’s lawyers also pointed out that sustaining the trial on the two other counts would injure the case against JP Morgan.
