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Former Minister of Petroleum Sources, Mrs Diezani Alison-Madueke, has prayed a Federal Excessive Courtroom Abuja to put aside the bench warrant issued towards her on July 24, 2020.
Alison-Madueke, in a movement on discover introduced by her counsel, Chief Mike Ozekhome, SAN, earlier than Justice Mobolaji Olajuwon, sought court docket order extending the time inside which she might search go away to use for the order discharging the bench warrant.
The Information Company of Nigeria (NAN) stories that Alison-Madueke served as minister between 2010 and 2015 within the President Goodluck Jonathan authorities.
The ex-minister, who sought an order granting go away to use for the order, additionally urged the court docket to strike out her title as “a defendant in cost quantity; FHC/ABJ/CR/208/2018 between the Federal Republic of Nigeria V. Diezani Alison Madueke, pending earlier than this honourable court docket.”
The movement, which has FRN as complainant/respondent, had Alison-Madueke as sole defendant/applicant.
It was introduced pursuant to Sections 36 (1) and (8), 35 of the 1999 Structure (as altered); Part 1, 113, 114, 382 (4 & 5) of the Administration of Prison Justice Act, 2015; and beneath the inherent powers of the court docket as preserved by Part 6(6A) of the 1999 Structure.
NAN stories that the Federal Authorities, via the Financial and Monetary Crimes Fee (EFCC), had, in an ex-parte movement, sought a bench warrant towards Alison-Madueke.
Justice Ijeoma Ojukwu, who granted the order on July 24, 2020, after the anti-corruption lawyer moved the movement, directed that Alison-Madueke needs to be arrested by native or worldwide police anyplace she was sighted inside or outdoors the nation.
The event adopted the shortcoming of the EFCC to extradite her again to the nation from the UK (UK) the place she resides to face the cash laundering trial most popular towards her.
The case was, nevertheless, reassigned to Justice Olajuwon following the switch of Ojukwu to the Calabar division of the court docket in 2021.
The ex-minister, in a five-ground connected with the movement, stated the bench warrant was issued with out jurisdiction, and must be put aside ex debito justitiae.She argued that it was issued in breach of her proper to honest listening to as assured by Part 36 (1) of the 1999 Structure (as altered).
She additional argued that she had neither been served with the cost sheet and proof of proof in cost quantity: FHC/ABJ/CR/208/2018, nor was there some other summons howsoever and in any way in respect of the prison cost pending towards her earlier than the court docket.
Alison-Madueke submitted that the court docket was misled into issuing the bench warrant towards her based mostly on suppression or non-disclosure of fabric details.
“The ex-parte software for an order of bench warrant towards the defendant/applicant was obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of fabric details and this honourable court docket has the ability to put aside similar ex debito justitiae, as a void order is pretty much as good as if it was by no means made in any respect,” she concluded.
Within the affidavit she personally deposed to, Alison-Madueke, averred that she had resided within the UK since Could 22, 2015, when she voluntarily travelled for medical remedy.
In accordance with her, earlier than then, I had served as Honourable Minister for Transportation and Honourable Minister for Mines and Metal Improvement beneath the Umaru Y’arAdua administration between 2007 and 2009. She stated earlier than she served within the authorities, she had held the place of Government Director within the Shell Petroleum Improvement Firm of Nigeria, being the primary lady to be so appointed to that place within the nation, within the historical past of the company.
“That throughout the course of my service as minister of Petroleum Sources, I spearheaded the enactment and implementation of the Nigerian Native Content material Improvement Act.
”This made provisions aimed toward encouraging and securing the participation of Nigerian corporations within the provision of providers in each the downstream service sector and the upstream exploration and improvement sector of the Oil and Fuel Business in Nigeria.
“For the primary time in Nigeria’s 90 plus years of oil exploration and producing historical past, an unprecedented variety of Nigerian corporations started doing very extremely technical work throughout the trade. leading to present figures of over 100,000 direct jobs from over 9,600 operators and repair corporations, in addition to over 400,000 oblique jobs.
“Thus guaranteeing present Nigerian content material stage of over 54 per cent, within the downstream service sector,” she stated.
The ex-minister stated she additionally re-drafted the essential Petroleum Business Invoice (PIB) with a purpose to obtain a a lot greater diploma of transparency and accountability within the sector and a fairer and extra equitable nationwide distribution of petroleum earnings, to extend Nigeria’s proportion share of the profitable deep offshore exploration earnings.
She stated these have been amongst many different applied insurance policies she did.
Alison-Madueke, nevertheless, stated that in the direction of the top of the tenure of the administration of President Jonathan, she was identified of probably the most aggressive type of breast most cancers — Triple Detrimental Most cancers.
“I hurriedly flew into England on twenty second Could, 2015, with a purpose to undertake a essential course of remedy, which consisted of two operations, eight months of intensive chemotherapy and 5 weeks of radiotherapy and I’ve remained in England ever since then, the place I’ve undergone intensive medical care and remedy.
“That in the middle of receiving my remedy, and just one week after finishing, the eight month course of remedy in my extraordinarily aggressive chemotherapy (throughout which period I used to be erroneously put right into a close to deadly coma), I used to be, on the 2nd of October, 2015, invited by the UK Nationwide Crime Company (NCA), to the Charing Cross Police Station, London, the place I used to be questioned for a number of hours and subsequently launched on police bail.
“That previous to that point, the officers of the NCA had invaded my private residence and performed a search, carting away with them a number of paperwork and different beneficial gadgets.
“That since then, I’ve constantly and severally been invited for interviews by the NCA, lots of which have been serially adjourned or postponed to future dates resulting from no fault of mine,” she stated.
The previous minister additional alleged that just about contemporaneously, with the raid on her residence by officers of the NCA, the officers of the EFCC additionally broke into and raided her non-public residence in Abuja and carted away a number of paperwork and plenty of gadgets of worth.
“All this was achieved in my absence and with none prior invitation or discover to that impact,” she alleged.
She stated she had both learn within the media or been knowledgeable by shut associates and kinfolk, about a number of forfeiture orders stated to have been made in respect of sure monies and property in some prices or different civil proceedings all of which have been often ascribed and allegedly stated to belong to her within the media.
“That I’ve until date by no means been served with any court docket processes in respect of all of the aforementioned prices or forfeiture proceedings in Nigeria, to allow me reply, or defend myself,” she stated.
Alison-Madueke alleged that the EFCC, which had been submitting the stated prices or forfeiture proceedings, knew very nicely she resides within the UK; and had certainly on an event, previously, truly served a specific doc on her via the NCA.
In accordance with her, the above doc served on the NCA by the EFCC has to do with properties within the UK, which they presupposed to belong to me. She alleged that the EFCC often collaborates with the NCA with regard to issues involving her, however had bluntly refused to take action on this specific case and in ail the Nigerian forfeiture instances that relate to her.
She alleged that the anti-graft company’s software was made towards her in excessive dangerous religion with a purpose to inconvenience and humiliate her.
She stated since residing within the UK, she had been dwelling overtly and had by no means made any try to hide her identification, location and/or residence tackle, from any individuals, or authorities, whether or not overseas or in Nigeria.
“The NCA is absolutely conscious of my location within the UK,” she added.
The ex-minister alleged that she was subjected to unfair media trial and web area – lynching with out being afforded any alternative to defend herself towards the weight loss program of lies frequently fed to the general public about her by the EFCC.
She, subsequently, prayed the court docket to vacate the order of bench warrant towards her and struck out her title from the cost within the curiosity of justice.
In the meantime, listening to date was but to be mounted as on the time of submitting the report.
NAN stories that Justice Olajuwon had additionally, on Jan 24, 2022, issued arrest warrant towards Alison-Madueke.
The order adopted a grievance by the EFCC’s lawyer, Faruk Abdullah, that every one efforts by the company to get the ex-minister extradited when the matter was earlier than Justice Ojukwu have been unsuccessful.
He stated that the arrest warrant was wanted to additional give the Worldwide Police (INTERPOL) the impetus to convey the defendant to Nigeria to reply to prices towards her.
Olajuwon then granted the applying and adjourned the matter sine die pending when the ex-minister is arrested and produced in court docket.
NAN had on Jan. 30, reported that in one other swimsuit marked: FHC/ABJ/CS/21/2023 and filed earlier than Justice Ekwo, Alison-Madueke can be searching for an order to vacate the sooner order granted to the EFCC for ultimate forfeiture of her seized property.
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