Why Diezani can’t answer to corruption charges in Nigeria now –EFCC

The Economic and Financial Crimes Commission (EFCC) has stated that it is impossible to bring a former minister of Petroleum Resources, Diezani Alison-Madueke to Nigeria now to answer for alleged corruption charges against her.

The commission noted, that the former minister was under investigation in the United Kingdom by the Metropolitan Police, hence she can’t leave that country, since the probes were at an advanced stage.

The commission stated this in a counter-affidavit filed at the Federal High Court, Abuja, in response to a motion filed by the former minister, seeking an amendment to the charges filed against a businessman, Mr. Olajide Omokore, and five others.

Mrs Alison-Madueke is seeking to add her name to the list of defendants to enable her defend the allegations against her in one of the nine counts.

The EFCC had preferred nine counts of criminal diversion of about $1.6bn, alleged to be part of proceeds of sales of petroleum products belonging to the Federal Government, against an associate of Diezani’s, Mr. Olajide Omokore and five other defendants.

It would be recalled that a popular entertainer, Charles Oputa, aka Charly Boy, in conjunction with a civil society organization, Concerned Nigerians, had stormed the Abuja office of the EFCC recently in protest, asking that Mrs Diezani must be brought back to Nigeria to face corruption charges against her.

The EFCC also revealed in the counter-affidavit that its initial efforts to have Diezani answer to allegations of financial crimes were blocked by her U.K. lawyer, who contended that the commission did not have the jurisdiction to quiz her while in London.

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The counter-affidavit was deposed to by one Rufai Zaki, detective at the anti-graft commission, who also Revealed that the agency had received several petitions against the former minister at the tail end of her tenure, prompting it to begin investigations when she left office.

The agency, he said had been investigating her for the several allegations of corrupt practices, as well as abuse of office, money laundering, stealing of public funds and illegal acquisition of properties within and outside Nigeria.

He further said that after she left office, Diezani left the country for the U.K., out of arms reach of the agency.

However, he continued, a team of investigators led by Abdulrasheed Bawa, visited the United Kingdom in March, 2017, to interrogate Diezani, but they were prevented from doing so by her lawyer, John Binns of BCL Solicitors.

Zaki in his affidavit stated that the commission received a number of intelligence reports against Omokore and Diezani, and “That the commission further assessed the intelligence report and found that there was merit in same. Investigation was conducted in respect of this case before a charge was preferred against the defendants (Omokore and others).

“That at the tail end of the tenure of the applicant as Minister of Petroleum Resources, the commission received a lot of complaints and intelligence reports against the applicant, alleging that she was involved in various corrupt practices, money laundering, stealing of public funds and illegal acquisition of properties within and outside Nigeria.

“That immediately the applicant (Alison-Madueke) got to know that investigations had commenced in respect of her various nefarious illegal financial activities while she was the Minister of Petroleum Resources, she absconded from Nigeria in order to escape the investigation and prosecution by the Economic and Financial Crimes Commission.

“That upon realising that the applicant is in the United Kingdom, we made efforts to schedule a meeting with the applicant in order to interview her in respect of her involvement in the activities leading to this charge and many other alleged financial crimes linked to her but up till now, she had always avoided having any meeting with members of our team.

“That the applicant’s lawyer in the United Kingdom, one John Binns of BCL Solicitors, informed the members of the team of investigators headed by Abdulrasheed Bawa, when they visited the United Kingdom in March, 2017, that the team would not be permitted to meet the applicant for any interview in view of the fact that she is not within the territory of the Federal Republic of Nigeria.

“That while in the United Kingdom, the applicant had been invited by the Metropolitan Police, who are investigating her for several other financial crimes. She has been released on bail in the United Kingdom but could not leave the United Kingdom as their investigations have reached advanced stages.”

Justice Nnamdi Dimgba of the Federal High Court Abuja, had on September 20, dismissed an application brought by Mrs Alison-Madueke, seeking to be joined as a defendant in the trial of Omokore, and also struck out the eighth count in which her name was listed.

Omokore, chairman, Atlantic Energy Brass Development and Atlantic Energy Drilling Concept, is facing a nine-count charge along with Victor Briggs, a former Managing Director, National Petroleum Development Company; Abiye Membere, a former Group Executive Director, Exploration and Production at the NNPC, and David Mbanefo, a former Manager, Planning and Commercial at NNPC, for a $1.6 billion fraud.

Counsel for Diezani, Onyechi Ikpeazu, SAN, had on September 18 filed the application, based on the fact that her name was listed in the eighth count, and sought for amendment of the charge, to include her as the seventh defendant, “in order to give her the opportunity to defend herself”.

In the said application, Diezani also requested that the court direct the Attorney General of the Federation to facilitate her appearance in court on the next adjourned date in October 2017.

Counsel for the EFCC, M.S. Abubakar, in an 18-paragraph counter-affidavit, however, vehemently opposed the application, arguing that, “the applicant realized she was being investigated, and she absconded abroad and sometimes in March this year operatives were in London, but her lawyers refused to allow the operatives interview her”.

He added that: “My lord, this present application is a plot by the applicant to enable her escape prosecution in London, also to enable her come to Nigeria and scuttle the ongoing case which has already gotten to an advanced stage.”

After hearing arguments, Justice Dimgba, declined to grant the application, and instead, struck out the eighth count in which Diezani’s name appeared.

The trial of Omokore and his co-defendants continues on October 5.

 

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