Diezani begs court to join her as defendant in Belgore’s N500m fraud charge

Former Petroleum Resources Minister, Diezani Allison-Madueke has requested that a Federal High Court in Lagos should join her as a defendant in a N500 million corruption charges leveled against a Senior Advocate of Nigeria, Dele Belgore.

The former minister made the prayer on Monday when the N500 million fraud charges the Economic and Financial Crimes Commission (EFCC) leveled against Belgore and a former Minister of National Planning, Prof. Abubakar Suleiman, came up in court.

The anti-graft agency had earlier listed her as an accomplice in the criminal trial but refused to include her as a defendant on the basis that she is “at large.”

But Diezani, had on October 6, when the matter last came up in court contended that she be added as defendant in the case because she was not at large. She had claimed that she was in the United Kingdom and asked the court to order the Attorney-General of the Federation to bring her back to Nigeria from the United Kingdom so that she can defend herself.

The case was then adjourned by the presiding judge, Justice Mohammed Aikawa, to hear the motion to join Allison-Madueke.

When the trial resumed on Monday, counsel to the former minister, Mr. Onyechi Ikpeazu (SAN), insisted that the court should grant his application for “joinder of the applicant” in the sole interest of justice.

He said, “My lord, we have a motion dated September 29 and an affidavit of 16 paragraphs together with a written address which we rely on. We have received the counter-affidavit of counsel, but there remains yet one consideration which should touch conscience of parties.

“In four counts of the charge, the applicant’s name was mentioned clearly and there is no alteration to the fact that she has been charged; it simply suggests that it is a consummated complaint.”

Citing Section 494 (1) of the Administration of Criminal Justice Act, Ikpeazu argued that a defendant is any person against whom a complaint or charge is made, while a charge refers to an allegation that any named person has committed an offence.

He further stated that beginning from count one to count four of the matter in question, that the name of Diezani was referred to as an accomplice, for which reason according to him, it will be against the interest of justice not to join the erstwhile minister in the charge.

Ikpeazu again, cited the authority of Frn vs Jide Omokore, FHC/Abj/CR/121/2016, arguing that the matter was similar to the instant case.. The trial judge in that case, he argued struck out the charges on similar grounds.

Persuasively he said, “We will have no objections if the applicant’s name is extracted from the charge, then, trial can proceed. Otherwise, she should be included in the charge. I know that she will be happy to come and face the trial.”

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Diezani’s application was however objected to by the counsel to the first accused, Mr. E. O. Shofunde (SAN), on the argument that the applicant was not a compulsory party to the suit. According to him, at end, the court will only decide the guilt or innocence of the first and second accused in the charge.

Shofunde went further to inform the court that he had filed a counter-affidavit filed against Diezani’s application.

The EFCC prosecutor, Mr. Rotimi Oyedepo, in his reaction agreed with Shofunde. He cited the Ewenla Vs State case as a reason the court must not allow the application.

The trial judge having listened to the different arguments adjourned the matter till November 1, for ruling.

 

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