Diezani seeks vacation of bench warrant

Mrs. Alison-Madueke, in a motion on notice brought by her counsel, Chief 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 (NAN) reports that Alison-Madueke served as minister between 2010 and 2015 in the President Goodluck Jonathan government.

The ex-minister 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 had Mrs. 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 and 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 Mrs. Alison-Madueke.

Justice Ijeoma Ojukwu, who granted the order on July 24, 2020, after EFCC lawyer moved the motion, directed that Mrs. Alison-Madueke 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.

But 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 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.

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