From: Lukman Olabiyi
Justice Mohammed Rilwan Aikawa of the Federal High Court , sitting in Lagos, on Wednesday, fixed October 30 to hear an application by a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, seeking to be joined as a defendant in a money laundering charge.
Diezani is seeking to be joined as a defendant in the N500 million fraud charge slammed on a Senior Advocate of Nigeria (SAN), Dele Belgore and a former Minister of Planning, Professor Abubakar Sulaiman, by the Economic and Financial Crimes Commission (EFCC).
Besides, the embattled former minister wanted the court to compel the Attorney-General of the Federation (AGF) to bring her back to Nigeria from the United Kingdom, where she has been since 2015 to put up her defence in the case.
The EFCC had in a 5-count amended charge mentioned Diezani as a culprit in the criminal trial of Belgore and Sulaiman over an alleged N500 million fraud.
The anti-graft agency claimed the N500 million was part of the sum of $115 million which the former minister allegedly doled out to compromise the 2015 general elections.
Efforts by Diezani’s lawyer, Obinna Onya, to move the application which he claimed was brought pursuant to Section 36(1), (5), (6) (a)-(e) of the Constitution and Sections 216 (1) (2) (3) (4); and 217 of the Administration of Criminal Justice Act, 2015 was on Tuesday turned down by Justice Aikawa on the ground that he is yet to serve all parties in the matter.
The judge said he can only hear the application after all parties have been properly served.
The lawyer had earlier contended that contrary to the declaration by the EFCC that Diezani was at large, the former minister was in the UK and was willing to return to Nigeria so that she could appear in court to take her plea and defend the charges.
He insisted that since his client’s name has been mentioned in the charge, it would be unfair to allow the case proceed without affording her the opportunity to defend herself.
“My lord, the application is praying for an order mandating the Attorney General of the Federation, being the agent of the complainant, to facilitate the prompt appearance of the applicant in court on the next adjourned date, to take her plea and to defend the allegations made against her in counts 1, 2,3 and 4 of the charge, numbered FHC/L/35c/2017”, he said.
At yesterday’s proceedings, EFCC’s lawyer, Rotimi Oyedepo, informed the court that he has been served with a copy of the application.
The court had earlier took arguments from parties on the propriety or otherwise of admitting a document containing electronic mail communication between Diezani and a bank Managing Director.
EFCC’s lawyer, Rotimi Oyedepo, had sought to tender the document in the process of examining the second prosecution witness, Usman Zakari.
In opposing the request, defence lawyers, Ebun Shofunde (SAN) and Olatunji Ayanlaja (SAN) contended that the document was not admissible because it did not meet the requirement of the Evidence Act.
They argued that the prosecution has not placed any material facts before the court to confirm the genuineness of the signature on the face of the document.
However, while urging the court to admit the document, EFCC’s lawyer, Rotimi Oyedepo, said the objection to the admissiblity of the document by the defence is misconceived.
He argued that the certificate accompanying the document substantially complied with the provisions of Section 84 of the Evidence Act.
Oyedepo further submitted that the document sought to be tendered was certified by the officer in whose custody the mail attached to the certificate was generated and printed.
“An investigative officer such as the witness in the box can tender documents he received in the course of his investigation. The document sought to be tendered is relevant to the case”, he said.
After entertaining arguments from parties, Justice Aikawa adjourned to October 30 for ruling and continuation of trial.