Ebun Francis || Nigeria’s embattled former minister of petroleum resources, Mrs. Alison Dieziani Madueke, currently holed up in the United Kingdom has asked a Lagos High Court to compel the Attorney general of the federation to bring her back to the country she fled shortly after President Buhari assumed office in 2015.
In the resumed hearing of the case filed by the Economic and Financial Crime Commission(EFCC) against Dele Belgore, SAN and the former minister of National planning, Prof Abubakar Suileman for collecting N450m from Deiziani and laundering same before the 2015 election, one Obinna Onya, a lawyer from Abuja, appeared before Justice Rilwan Aikawa with an application seeking the joining of Diezani as one of the defendants in the charge.
The application, filed pursuant to Section 36(1),(5),(6 (a)-(e) of the Constitution and sections 216 (1) (2) (3) (4); and 217 of the Administration of Criminal Justice Act, 2015, sought an amendment to the charges against Belgore and Suleiman, so as to join Diezani as one of the defendants.
The lawyer contended that contrary to the declaration by the EFCC that Diezani was at large, the former minister was in the UK and was willing to return to Nigeria so that she could appear in court to take her plea and defend the charges.
The lawyer argued that since Diezani’s name had been mentioned in the charge, it would be against her right to fair hearing for the case to proceed without affording her the opportunity to defend herself.
“The statement made by the prosecution means that the applicant (Diezani) is going to be convicted without being given the opportunity to defend herself,” Onya told Justice Aikawa.
The application prayed for an order “mandating the Attorney General of the Federation, being the agent of the complainant, to facilitate the prompt appearance of the applicant in court on the next adjourned date, to take her plea and to defend the allegations made against her in counts 1, 2,3 and 4 of the charge, numbered FHC/L/35c/2017.”
Onya urged Justice Aikawa to hear and determine the application before proceeding with the case on Tuesday.
But the prosecuting counsel for the EFCC, Rotimi Oyedepo, opposed him, saying the application was not ripe for hearing, as he had yet to be served.
However, Onya told the court that he had attempted to serve Oyedepo on Tuesday morning on the court premises but that the prosecutor declined, adding that his effort to serve the application at the EFCC office on Friday was also frustrated.
But Oyedepo advised him to go and serve the application at the registry of the EFCC, assuring him that the application would be accepted.
Responding, Justice Aikawa said the court could not entertain the application until all the parties had been properly served.