By Eric Elezuo
Following years of back and forth in the administration of justice as filed by the United Kingdom’s National Crime Agency against former Nigeria’s Minister of Petroleum, and one time chairperson of the Organisation of Petroleum Exporting countries (OPEC), Mrs. Diezani Alison-Madueke, exclusive details available to The Boss shows that hearing is likely to resume in the next two years, November, 2025 to be precise.
It would be recalled that in August, the National Crime Agency (NCA) had said it suspected that Diezani, as she is always referred to, had accepted bribes in return for awarding multi-million-pound oil and gas contracts.
According to a statement the Agency published on its website, the former minister, who left Nigeria in 2015 consequent upon of the loss of his party in the presidential election, “is alleged to have benefitted from at least £100,000 in cash, chauffeur-driven cars, flights on private jets, luxury holidays for her family, and the use of multiple London properties.
“Her charges also detail financial rewards, including furniture, renovation work and staff for the properties, payment of private school fees, and gifts from high-end designer shops such as Cartier jewellery and Louis Vuitton goods.”
Also, assets worth millions of pounds relating to the charges have already been frozen as part of the ongoing investigation.
Also, in March, the NCA provided evidence to the US Department of Justice that enabled them to recover assets totalling $53.1 million linked to Alison-Madueke’s alleged corruption.
According to Reuters, the former minister, on Monday, October 2, 2023, appeared at Westminster Magistrates Court, where she spoke only to give her name, date of birth and address. She was granted bail to the tune of £70,000. The district judge, Michael Snow, also imposed other terms on her, including an 11pm to 6am curfew, and an electronic tag to be worn by her at all times.
The charges against her were read out in court, but she was not asked to formally enter a plea. Her lawyer, Mark Bowen, told the court she would be pleading not guilty, the news agency also reports.
Diezani has in the last eight years lived in the UK with Nigeria’s anti-graft agencies seeking extradition mandate to return to the country to face trials. She has however, made it clear that she would volunteer herself for trial if she is assured of fair treatment.
THE CHARGES AT A GLANCE
The UK prosecutor, Andy Young, said Diezani was alleged to have accepted a wide range of advantages in cash and in kind from people who wanted to receive or continue to receive the award of oil contracts which he said were worth billions of dollars in total.
She allegedly accepted bribes during her time as Minister for Petroleum Resources, in exchange for awarding multi-million pound oil and gas contracts.
She is alleged to have benefitted from at least £100,000 in cash, chauffeur driven cars, flights on private jets, luxury holidays for her family, and the use of multiple London properties.
Her charges also detail financial rewards including furniture, renovation work and staff for the properties, payment of private school fees, and gifts from high-end designer shops such as Cartier jewellery and Louis Vuitton goods.
DETAILS OF THE COURT APPEARANCE
Hearing took place in Court Room 14 at Southwark Crown Court on Monday, 30th October 2023 in the case of R v Diezani Alison-Madueke, Doye Agama and Olatimbo Ayinde.
The Presiding Judge was His Honour Judge Tony Alan Baumgartner a Senior Circuit Judge and Resident Judge at Southwark Crown Court. This was a Plea and Trial Preparation Hearing (PTPH).
The Prosecuting Counsel representing the Crown Prosecution Service (CPS) was Alexandra Healy KC of Foundry Chambers.
Mrs Alison-Madueke, the former Petroleum Resources Minister was represented by Jonathan Laidlaw KC, Head of Chambers at 2 Hare Court and Alistair Richardson. Her older brother, Doye Agama was represented by Brian Kennedy; and Ayinde was represented by Jonathan Lennon KC of Doughty Street Chambers renowned for its defence of human rights.
The Hearing of the case commenced at about 10.20am before which the three Defendants had been asked by the Clerk to go into the Dock.
THE HEARING
The three Defendants were first asked to confirm their names which they did.
The Judge noted that the DCS System is defective and the respective cases are yet to be merged. However, Prosecuting Counsel, Ms Healy KC, informed the Judge that the DCS has been working last week but had now gone down. She pointed out that the cases had indeed been merged by last week and the Prosecution note had been uploaded. Although the cases were merged her understanding was that no URN number had been allocated and that the Court Staff were having difficulties due to the volume of material being uploaded. The Judge confirmed that a URN number has been allocated ending in 223 and that he will speak with the Case Progression Officer and ensure this is put on the DCS.
Ms Healy then told the Court that following the discissions with the respective Defence teams all the three Defendants did not wish to be arraigned today. She mentioned that Material has been uploaded to the DCS to give them information and provide assistance but she appreciates that the material provided is not the full disclosure and is not enough to comply with Stage 1, which is the Stage at which the Prosecution completes its initial Disclosure to the Defendants. She asked for 70 days to complete Stage 1 and the date is 11th December 2023. She then said that the Defence requires 2 months for Stage 2. The date identified by all the Parties for completion of Stage 2 is 11th December.
Stage 2 is the stage at which the Defendants each file their Defence Case Statement setting out their case and also proving their answers to the respective allegations of the Crown. Ms Healy said that 19th February 2024 had been identified as the date for Stage 2.
The Judge then confirmed that Stage 1 will be by 11th December 2023 and Stage 2 by 19th February 2024 which will also be the date for case management hearing and the adjourned PTPH when the Defendants will be arraigned.
The Judge said that whilst he would preside over the adjourned PTPH, he would not be the Trial Judge because the Trial has been allocated to a High Court Judge. When the Prosecution Counsel sought to know whether the High Court Judge has been named, the Judge said no, this has not been done yet.
The Prosecutor told the Court that she has asked the List Office about the Crown’s time estimate of 8-10 weeks. One of the defence teams indicated a time estimate of 12-14 weeks. The List Office has indicated that the earliest date the Court could list for an 8-10 week trial is 19 January 2026. A date mentioned as a window for a 6-8 week trial is 3rd November 2025 but this will only leave seven weeks before Christmas. The Prosecutor says that she doesn’t feel the Jury should be asked to go for a week and come back after Christmas and also that she personally cannot be available as she has a fixture in the autumn.
Ms Healy said she feels 19th January 2026 is better suited and she believes it is a 12 week Trial. The Judge concurred and said he doesn’t like listings which go over the Christmas period into the New Year.
The Judge noted that it is the usual practice to fix lengthy cases like this at the beginning of Term.
Mr Laidlaw KC for Alison-Madueke said that he wanted to argue for an earlier date. He said that he is certain that with proper management of the case, it would be a 6-7 week case and can clearly be done in that period. If this is wrong it could be addressed at the hearing in February 2024. He told the Court that if the time estimate is unrealistic then the Court would be asked to revert to the January 2026 date. He was of the view that because of the nature of the case and lots of the matters can be agreed and sorted by admissions.
Laidlaw KC pointed out that his Client, the First Defendant, Alison Madueke, wanted to be tried as soon as possible hence the desire to go for the early date of November 2025 and make it work.
The Judge then said that if 6-7 weeks is a realistic time estimate the Court can fix the case for the earlier date and review in February. The Judge said he was prepared to put a holder in place for the January 2026 date.
Ms Healy said that she also wanted to expedite the case but believed that the 6-7 weeks time estimate is quite optimistic. The other Defendants believe so too. She said that there are many Counts and that the volume of evidence and complexity of the case means that even though it may be subject to a Schedule of Admissions it will still take more than 8-10 weeks.
The Judge then said that he understood the First Defendant’s position and would try to accommodate all the parties including the Prosecution. The Trial date will be fixed by February next year after service of all the disclosures by the Crown and defence statements by the Defendants.
Counsel for 2nd and 3rd Defendant, Mr Kennedy and Lennon KC respectively agreed.
The Judge then directed that the Trial is fixed for 3rd November 2025 with a time estimate of 6-7 weeks. It is reserved for 19th January 2026 with a time estimate of 12 weeks. He said that he would reconsider the position at the adjourned PTPH in February next year,
Ms Healy, for the Crown, then informed that there was an application to vary bail by the 2nd Defendant. His present bail conditions are residence, surrender of his international passports and not to apply for any international travel documents. The Defence had notified the Crown of an Application to vary the residence condition so that he could be allowed to stay in London for the purpose of this hearing. Now he wants the residence condition varied to allow him to stay elsewhere in the UK with a minimum of 24 hours notice to the Crown to which the Prosecution has no objection.
Mr Kennedy for the 2nd Defendant stated that he is of good character and wishes to vary the residence condition to stay in London tonight to see his lawyers and thereafter to be able to stay elsewhere in the UK with a minimum of 24 hours notice because of his job.
The Judge agreed to make the variation. He ordered that bail is varied for the 2nd Defendant to stay in London tonight. The Residence condition is further varied to allow the Defendant to reside and sleep elsewhere in the UK upon giving at least 24 hours notice to the NCA and CPS.
The Prosecution stated that the other two Defendants are on conditional bail. Their bail has been previously varied by HHJ Tomlinson.
Lennon KC for Ayinde noted that the Stage 2 date is 19th February, the same date as the PTPH. He noted that the defence statement is usually late and suggested that the PTPH should be later, on Friday, 23rd February.
The Judge agreed and directed that the PTPH be on 23rd February 2024, whilst Stage 2 remains 19th February 2024.
The Judge then directed the Clerk to ask the Defendants to Stand.
The Judge then told them that:
1. They are warned with regard to failure to file a full Defence Statement.
2. Failure to attend Court on the dates fixed could amount to the commission of a separate offence.
3. Failure to attend the Trial without good reason, could lead to the Trial going ahead in their absence and their lawyers may withdraw.
The Judge then told them that if they had any questions about these and other matters, they should raise them with their lawyers.
After this, the Judge ordered the defendants to leave the Dock and the case concluded.
The administration of the immediate-past Nigerian president Muhammadu Buhari came to power in 2015 accusing the past administration of President Goodluck Jonathan government, in which Diezani served, of corruption.
The former minister had quickly became a subject of intense investigations and legal proceedings in Nigeria as soon as the new government of President Muhammadu Buhari, settled down to power.
It will also be recalled that in 2015, Diezani, while battling Cancer, granted Tbe Boss Publisher, Dele Momodu, exclusive interview in London, where she informed she did not steal Nigeria’s money as alleged. Till date, she had maintained that she did no wrong while in office.
