Diezani Alison-Madueke prays court to vacate bench warrant against her

A former minister of Petroleum Resources, Diezani Alison-Madueke, has prayed a Federal High Court Abuja to set aside the bench warrant issued against her on July 24, 2020.

Ms Alison-Madueke, in a motion on notice brought by her counsel, Mike Ozekhome, SAN, before Justice Mobolaji Olajuwon, sought court order extending the time within which she could seek leave to apply for the order discharging the bench warrant.

The News Agency of Nigeria reports that Alison-Madueke served as minister between 2010 and 2015 in the President Goodluck Jonathan government.

The ex-minister, who sought an order granting leave to apply for the order, also urged the court to strike out her name as “a defendant in charge number; FHC/ABJ/CR/208/2018 between the Federal Republic of Nigeria V. Diezani Alison Madueke, pending before this honourable court.”

The motion, which has FRN as complainant/respondent, had Alison-Madueke as sole defendant/applicant.

It was brought pursuant to Sections 36 (1) and (8), 35 of the 1999 Constitution (as altered); Section 1, 113, 114, 382 (4 & 5) of the Administration of Criminal Justice Act, 2015; and under the inherent powers of the court as preserved by Section 6(6A) of the 1999 Constitution.

NAN reports that the Federal Government, through the Economic and Financial Crimes Commission, EFCC, had, in an ex-parte motion, sought a bench warrant against Ms Alison-Madueke.

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Justice Ijeoma Ojukwu, who granted the order on July 24, 2020, after the anti-corruption lawyer moved the motion, directed that Alison-Madueke should be arrested by local or international police anywhere she was sighted within or outside the country.

The development followed the inability of the EFCC to extradite her back to the country from the United Kingdom, UK, where she resides to stand the money laundering trial preferred against her.

The case was, however, reassigned to Justice Olajuwon following the transfer of Ojukwu to the Calabar division of the court in 2021.

The ex-minister, in a five-ground attached with the motion, said the bench warrant was issued without jurisdiction, and ought to be set aside ex debito justitiae.

She argued that it was issued in breach of her right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution (as altered).

She further argued that she had neither been served with the charge sheet and proof of evidence in charge number: FHC/ABJ/CR/208/2018, nor was there any other summons howsoever and whatsoever in respect of the criminal charge pending against her before the court.

Ms Alison-Madueke submitted that the court was misled into issuing the bench warrant against her based on suppression or non-disclosure of material facts.

“The ex-parte application for an order of bench warrant against the defendant/applicant was obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all,” she concluded.

In the affidavit she personally deposed to, Ms Alison-Madueke, averred that she had resided in the UK since May 22, 2015, when she voluntarily travelled for medical treatment.

According to her, before then, she had served as Honourable Minister for Transportation and Honourable Minister for Mines and Steel Development under the Umaru Yar’Adua administration between 2007 and 2009.

She said before she served in the government, she had held the position of executive director in the Shell Petroleum Development Company of Nigeria, being the first woman to be so appointed to that position in the country, in the history of the corporation.

“That during the course of my service as minister of Petroleum Resources, I spearheaded the enactment and implementation of the Nigerian Local Content Development Act.

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“This made provisions aimed at encouraging and securing the participation of Nigerian companies in the provision of services in both the downstream service sector and the upstream exploration and development sector of the Oil and Gas Industry in Nigeria.

“For the first time in Nigeria’s 90 plus years of oil exploration and producing history, an unprecedented number of Nigerian companies began doing very highly technical work within the industry. resulting in current figures of over 100,000 direct jobs from over 9,600 operators and service companies, as well as over 400,000 indirect jobs.

“Thus ensuring current Nigerian content level of over 54 per cent, in the downstream service sector,” she said.

The ex-minister said she also re-drafted the critical Petroleum Industry Bill, PIB, in order to achieve a much higher degree of transparency and accountability in the sector and a fairer and more equitable national distribution of petroleum profits, to increase Nigeria’s percentage share of the lucrative deep offshore exploration profits.

She said these were among many other implemented policies she did.

Ms Alison-Madueke, however, said that towards the end of the tenure of the administration of President Jonathan, she was diagnosed of the most aggressive form of breast cancer — Triple Negative Cancer.