Judge to Diezani: I won’t grant your request to evade trial in UK

Diezani’s application is bizarre and a misuse of court processes. I won’t allow ‘myself to be used to frustrate your impending trial in the United Kingdom’

Justice Rilwan Aikawa of the Federal High Court in Lagos on Wednesday dismissed the joinder application by the former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, in a N500million money laundering suit filed by the Economic and Financial Crimes Commission (EFCC).

Justice Aikawa also held that the application is not only an abuse of court processes but also a deliberate ploy by the former minister to run away from justice in the United Kingdom (UK).

The EFCC had dragged Mr Dele Belgore (SAN) alongside the former Minister of National Planning, Prof Abubakar Sulaiman, before the judge over alleged involvement in N500million fraud while the commission named Diezani as an accomplice in the criminal trial.

But the anti-graft agency informed the court that the ex-minister was at large while Diezani later filed the joinder application, asking the court to join her in the suit on the grounds that she is an interested party. In his verdict on Diezani’s application, Justice Aikawa described the application as abuse of court processes, saying that her request to be joined in the suit lacked merit.

The judge said, “ The applicant (Diezani’s) application is bizarre and a misuse of court processes. I won’t allow myself to be used to frustrate the applicant’s impending trial in the United Kingdom. This is not the proper time to join the applicant as a defendant.

“The applicant has aroused my curiosity as to why she waited this long before coming up with the application for joinder. “The court lacks the power to interfere with the powers of the Attorney General of the Federation (AGF). “The application for joinder is lacking in merit and same is hereby dismissed.”

The judge also rejected all the other prayers by Diezani, including an order mandating the AGF to facilitate her return to Nigeria. Lawyer to Diezani, Dr Onyechi Ikpeazu (SAN) had prior to this time urged Justice Aikawa to issue an order, mandating the EFCC to list her as a party to a N500million fraud charge involving Belgore and Sulaiman. The erstwhile Petroleum Resources minister had made the request at the continuation of trial of the duo on a five count charge bordering on the alleged offence.

Ikpeazu (SAN) argued that, “My lord, we have a motion dated September 29, 2017 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 the conscience of parties.

“In the 4th count 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. “By the definition of Section 494(1) of the Administration of Criminal Justice Act (ACJA), 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. “From count one to count four, the name of the applicant was mentioned as an accomplice.

It would be in the interest of justice to join her in the charge. “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.”

In objecting to the application for joinder, lawyer to Belgore, Chief Ebun Shofunde (SAN), informed the court of his counter affidavit filed in opposition to the application. Shofunde argued that the applicant was not a necessary party to the suit since in the end, the court will only decide the guilt or innocence of the first and second accused who were charged.

He contended that by the combined provisions of sections 216(2), 221, 273, 274, and 494(1) of the ACJA, only the prosecution could exercise the power to amend a process during trial.

The senior advocate insisted that it would be incongruous for any other party to seek an amendment of a criminal charge, adding that the court will not make an order in vain. Shofunde argued that it will amount to a waste of precious judicial time if that amendment is allowed since progress have been made in the case. Opposing the joinder application, lawyer to the EFCC, Mr Rotimi Oyedepo, noted that the state can only amend a charge for the purposes of adding offences and not defendants if trial had commenced.

Insisting that if an amendment is allowed at this stage will occasion a miscarriage of justice, Oyedepo added that several attempts were initially made to interrogate the applicant, but that she fled to London after she got wind of the move by the EFCC, and has since then, carefully avoided any meeting with the commission. Oyedepo said: “It is misconceived and too late in the day for the applicant to now seek to be joined in the charge when she is already under investigation in London.

“Whenever the applicant returns to Nigeria, she can still be tried, as time does not run against the prosecution in criminal trial.” According to the amended charge, Alison-Madueke was alleged to have conspired with Belgore and Sulaiman on or about March 27, 2015, to directly take possession of N500million, which they reasonably ought to have known forms part of proceeds of unlawful act. The trio were also alleged to have taken the said funds in cash, which exceeded the amount authorised by law, without going through the financial institutions.

Belgore and Suleiman were also alleged to have paid the sum of N50 million to one Sheriff Shagaya, without going through any financial institution. According to the EFCC, the offences are contrary to provisions of Sections 15(2) (d), 1(a), 16(d) and 18 of the Money Laundering (Prohibition) (Amendment) Act, 2012.