May 23, 2008
Federal Ministry of Justice
10th Floor, Federal Secretariat, Shehu Shagari Way,
Maitama, Abuja, FCT, Nigeria
18th September 2007
HAGF/DAN ETETE/2007/VOL.II
Bensimon Jacques
C/o Justice Palace of Paris
4 Boulevard Bu Palais
75001 -Paris.
11th Chamber Correctionale
Step H
RE- CRIMINAL PROSECUTION AGAINST CHIEF (DR) DAN ETETE IN PARIS
- By a petition/ letter dated the 9th of September 2007 written by the chambers of Dele Adesina and Co. for and on behalf of one Chief Dan Etete in respect of the above subject, particularly paragraph 3 thereof, it was /is stated that your good self and one Mr. Monfrini a solicitor based in Geneva are representing the Federal government of Nigeria in certain court proceedings holden in Justice Palace of Paris, France for money laundering and which said proceedings seek to recover some unspecified amount from the petitioner’s Client who was a former Minister of Petroleum of the Federal republic of Nigeria.
- Upon receipt of the said petition and considering the seriousness of the issues raised therein and the revelation that your good self and Mr. Monfrini were acting on the instructions of the government of the Federal republic of Nigeria in the prosecution of the case, I immediately swung into action. As a first step I called for and studied the relevant files on the issue. After the meticulous perusal of the voluminous file, I am unable to discover that there was any letter of instruction from the office of the Attorney –General of the Federation and Minister of Justice or any other officer of the Federal Republic of Nigeria to your good self, Mr. Monfrini or any other person for that matter to prosecute or proceed against the person of the petitioner in respect of any Criminal matter howsoever in Paris.
- Permit me to state for the avoidance of any doubt that this office is unaware of any complaint or allegation of money laundering against the petitioner to warrant any instructions to emanate from this office to any person howsoever called or described to proceed against the petitioner in relation to the ongoing prosecution in Paris. I am therefore at a great difficulty appreciating the moves being made by your good self and which now ground the petition under reference, if the contents are indeed true and correct, in any event and as already stated supra, I am on a strong legal wicket or terra firma not to doubt the veracity of the petition having regards to the state of affairs as borne out in the file in my office. This again is subject to your ability to furnish this office with superior facts, which can unsettle those, contained in the petition.
- In consequence thereof, I suggest that you avail me with a copy (photocopy) of the Letter of Instructions (if any) given to you by any of my predecessors in office or any other officer of the Government of the Federal Republic of Nigeria in respect of any criminal prosecution against Dr. Dan Etete in any court in Paris. I also wish to emphasize that the letter of instruction would form the basis of any recommendation for the payment of any professional fees that may be due to you both.
- In the meantime, let me state that it would be advisable that you stay further action in the matter of the prosecution of the petitioner until I am able to come to an informed judgement after you may have reverted to me.
- Please accept the assurances of my highest regards and esteem at all times.
Signed: MICHAEL KAASE AONDOAKAA, SAN
Hon. Attorney General of the Federation and Minister of Justice
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