The Economic and Financial Crimes Commission has urged the Federal High
Court in Lagos not to order the return of a former Minister of Petroleum
Resources, Diezani Alison-Madueke, from the United Kingdom to Nigeria.
The
anti-graft agency described Diezani’s prayer to be brought back to
Nigeria as a ploy to escape justice in the UK, where, according to the
EFCC, she is being investigated for several financial crimes by the
Metropolitan Police.
According to the commission, investigation by
the Metropolitan Police in Diezani’s case had reached an advanced stage
and her prosecution in the UK was imminent.
It, therefore, said it would not be in the interest of justice to grant Diezani’s application seeking to return to Nigeria.
The
EFCC said this in a counter-affidavit it filed in opposition to
Diezani’s application before Justice Rilwan Aikawa, wherein she is
seeking an order compelling the Attorney General of the Federation to
facilitate her return to Nigeria.
In the said application, which
she filed through her lawyer, Mr. Onyechi Ikpeazu, Diezani said she
wished to appear before the Federal High Court in Lagos to defend a
criminal charge bordering on alleged laundering of N450m, where her name
was mentioned.
The main defendants in the charge are a Senior
Advocate of Nigeria, Mr. Dele Belgore; and a former Minister of National
Planning, Prof. Abubakar Suleiman.
But opposing the application,
the EFCC, in a counter-affidavit deposed to by one of its operatives,
Usman Zakari, explained that when it began investigation into the case
involving Belgore and Suleiman sometime in 2015, Diezani spurned its
invitations to explain her role and rather absconded the UK.
It
said subsequent efforts by its operatives to interview her in London
were blocked by her lawyer in the UK, John Binns of BCL Solicitors, who
contended that Nigerian investigators could not interview her as she was
outside Nigeria’s jurisdiction.
The EFCC said Diezani’s bid to now
return to Nigeria was nothing but a ploy to escape justice having
realised that her trial might soon begin in the UK.
Zakari said,
“That the applicant, seeing that the investigation by the Metropolitan
Police had reached advanced stage and that trial in the instant charge
before this honourable court is proceeding smoothly, had designed the
instant application to distract and scuttle both her investigation and
imminent prosecution in the United Kingdom the trial before this
honourable court.
“That the applicant, who knows full well that she
is on bail in the United Kingdom where she is being investigated for
several financial crimes, and that she would not be able to leave that
country in view of the ongoing investigation and imminent trial, is
seeking the order of this honourable court for the charge before this
honourable court to be amended to include her name on the face of the
charge in order for her to escape from investigation and prosecution in
the United Kingdom under the guise that she is coming to face her trial
before this honourable court and also to scuttle the trial before this
honourable court.”
Arguing the counter-affidavit on Monday, the
EFCC lawyer, Rotimi Oyedepo, described Diezani’s application as a
violent abuse of court processes and urged Justice Aikawa to reject
same.
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Belgore’s lawyer, Mr. Ebun Shofunde (SAN), also opposed
Diezani’s application, contending that if the charge was amended to
include Diezani’s name, the case would have to start afresh, a situation
he described as unjust.
But Diezani’s lawyer, Ikpeazu, maintained
that justice of the case demanded that her client should either be given
the opportunity to defend herself or the charge sheet should be amended
with her name being expunged.
Justice Aikawa adjourned till Wednesday for ruling.
No escape route for this woman
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