Prosecution Confirms No Allegation Diezani Corruptly Awarded Contracts
Jurors at Southwark Crown Court today heard extensive agreed facts outlining the network of oil contracts linking Diezani Alison-Madueke to businessmen accused of bribing her, as prosecutors formally confirmed they do not allege the former minister improperly influenced any specific contract award.
The day’s proceedings were dominated by the reading of agreed facts, formal admissions under the Criminal Justice Act 1967 that both prosecution and defence have accepted as proven. Section 40 of the agreed facts states explicitly: “It is not suggested by the Prosecution that Diezani Alison-Madueke improperly influenced the award of any oil or gas contract.” This formally confirms the averment contained in Paragraph 4 of the prosecution’s opening brief where it was stated that there is no evidence of any impropriety in the award of lucrative oil contracts.
The clarification goes to the heart of the prosecution’s case, which is that the acceptance of benefits itself constituted improper conduct given her position, rather than that particular contracts were corruptly awarded.
However, the clarification also goes to the heart of Alison-Madueke’s defence to the allegations which is that the items purchased which form part of the allegations against her either belonged to the purchasers for their personal use or were purchased through third parties to find a way around Nigerian public service regulations preventing public service holders from operating foreign accounts.
The agreed facts detailed the structure of Nigeria’s oil industry and the companies involved. The jury heard that Atlantic Energy was incorporated in July 2010, with Kola Aluko and Olajide Omokore as beneficial owners. Benedict Peters became director of Aiteo in June 2009, while Igho Sanomi served as CEO of Taleveras. Kevin Okyere was majority shareholder of Springfield Ashburton.
The contracts themselves were outlined, including Strategic Alliance Agreements between NPDC and Atlantic for the development of Oil Mining Leases. SAAs were arrangements under which companies like Atlantic would provide funding and technical expertise in exchange for the right to lift agreed percentages of oil and gas from production operations. Further admissions covered the assignment of interests in OML 29, with Shell seeking Alison-Madueke’s consent in October 2014.
The agreed facts also included evidence from former EFCC chairman Abdulrasheed Bawa, who in 2018 produced an index of items seized from Alison-Madueke’s Abuja home. Bawa’s statement revealed that in August 2018, he spoke to President Bola Tinubu regarding Olatimbo Ayinde, but Tinubu declined to make a witness statement.
The court heard that on 3 February 2015, a letter sought ministerial approval for debt repayment between NNPC, NPDC and Atlantic, explaining that Atlantic had fallen behind on cash call payments under the SAA. Alison-Madueke approved it on 5 February 2015.
After the agreed facts were read, the prosecution recalled NCA analyst Tracy Connolly. An email from May 2011, recovered from Alison-Madueke’s laptop, discussed the failure of international oil companies to transfer technology to NNPC and identified recently divested oil mining leases as ripe for Nigerian companies to take over in the national interest. Sources close to Alison-Madueke express the belief she has been the target of a prolonged campaign of calumny on account of her insistence on opening the Nigerian petroleum industry up for more significant local participation through the enactment of the Local Content Act. They believe that material such as this show up her trial as persecution and evidence of a much bigger battle than corruption.
The afternoon session focused on Count 3, involving Alison-Madueke’s brother Doye Agama and Benedict Peters. Communications showed Agama’s attempts to purchase a £1.1 million property, with Peters providing proof of funds as a charitable donation to Agama’s church. A builder described being contacted by Agama in January 2013 for renovation work, with costs eventually reaching £60,000 as specifications were constantly upgraded.
The trial continues.
