By Eric Elezuo
In eight straight years, a former Minister of Petroleum during the administration of former President Goodluck Jonathan, Mrs. Diezani Alison-Madueke, had consistently had a running battle with the Nigeria security agencies under the now rested Muhammadu Buhari-led administration, which accused her of crimes committed while he held sway as minister. However, in the eight long years of the Buhari administration, the agencies found it difficult to prosecute her in the court of law, having accused her of stealing up to $20 billion, but has, according to the former minister, through her lawyer, Chief Mike Ozekhome, engaged in unfruitful media trial without substance.
Consequently, having adopted the strategy of tiring them out, and waited a long time for the security agencies to transcend from the media trial room to the legitimate court room, Alison-Madueke has taken it upon herself to fight back, and redeem what is left of her battered image. As a result, she has brought the Economic and Financial Crimes Commission (EFCC) and the Attorney-General of the Federation, Malam Abubakar Malami, as first and second defendants respectively, through a Writ of Summons before a Federal Capital Territory High Court, demanding the appearance of the duo in court with a statutory 14 days period, or judgment may be given to the claimant in their absence.
The commandment was given in Suit number C4/6273/23, and dated May 26, 2023 with Mrs. Alison-Madueke as the claimant and the duo of EFCC and AGF as defendants.
The former Petroleum Minister, who considered herself a lone scapegoat of the Goodluck Jonathan administration, as she was singled out for her closeness to the former President, is praying the court to declare that certain publications “authored by the Defendant under the supervision of the 2nd Defendant and widely published by the 1st Defendant, is false, malicious, injurious and intended to lower the reputation and integrity of and did indeed lower the reputation and integrity of the Claimant in the estimation of right thinking members of the society within and outside Nigeria and also brought the Claimant into public ridicule, odium, contempt, derision and obloquy.”
Alison-Madueke also sought an order, among many orders “directing the Defendants jointly and severally to pay to the Claimant the sum of N100,000,000,000.00 (100 billion naira) only as damages for the false, injurious, malicious and libelous publications against the Claimant in the 1st Defendant’s publishing platform, and at the instance of both the 1st and the 2nd Defendants.”
The publications according to the claimant were dated from 2017 till 2021, and appeared in prominent national dailies including print and online.
The claimant, in proving the falsehood of the publications, said that the defendants had means and opportunities to verify the truth, but chose not to do so.
“The Defendants had the means and opportunities of verifying the truth or otherwise of the offensive publications, but failed to do so and were motivated in making the offensive publications by the desire to increase their public profile and perception, and to bring the estimation of the Claimant into contempt, odium and ridicule in the eyes of an average Nigerian.
“The publications have greatly prejudiced and injured the Claimant and caused her reputational damage, loss of goodwill, and confidence by her political associates and professional colleagues, whom all of now shun and keep their distance from her as a common thief and corrupt public officer,” the Summons revealed.
Recall that Mrs. Alison-Madueke was Nigeria’s Minister of Petroleum till 2015 when the Jonathan’s administration left office. She left for England shortly after to treat severe ailment, and has been in England ever since as the EFCC and the office of the AGF have not ceased to accused of humongous crimes of theft running into billions while she was in office.
In November, 2015, The Boss published an exclusive interview with the former Minister where she insisted that she never stole a dime belonging to the Federal Republic of Nigeria, adding that she left Nigeria to England to treat a ‘worse’ kind of cancer, which was ravaging her health. She told The Boss that she was deliberately lied against, maligned against, in order to project the Jonathan government in a bad light.
“If there is one issue I must pursue in this world it is the biggest lie of this money. How can $20billion disappear just like that? Where did it disappear to? Is it possible that such an amount would not be traceable? This is more painful coming from someone I considered a good friend who should appreciate the gravity of such allegation. I challenge anyone to come forward with facts showing that I stole government or public money. I’ve never stolen Nigeria’s money…
“Rather, I worked hard to halt the rampant business of round-tripping. When I brought in Reginald Stanley to clean up the place, I requested for a list of the defaulters. There were about 92 of them and I made sure we sanctioned them. You can imagine the threat to my life but I was ready to defend the economic interests of my country. In fact, we were able to reduce the oil subsidy by about half. No one has applauded our effort.
“There were those who said the then Governor of Central Bank must have been angry at me because of the way the Presidency treated him. In all honesty, he was being blocked from seeing the President by some of Oga’s people (presidential aides) but it had nothing to do with me. I was the one who even told Oga about the development and Oga said he would meet him in London on one of his trips. Unfortunately my boss fell ill and was rushed to King Edward Hospital and the meeting was aborted.”
“Sanusi and I had been friends. There was no way I would have done anything bad to him. He even came to my house to inform me about his interest in heading the African Development Bank and we discussed for about two hours. I promised to support him and I spoke to Oga about it. We were together on the Reconciliation Committee that looked into the accounts of NNPC. Yes there were gaps but not on the alarming scale being circulated. Markafi (former Governor of Kaduna State) did a thorough job. You know he is a very sound accountant.”
On allegations of owning choice properties everywhere, Diezani told The Boss that “It is so sad that anyone could say such about me. Let me say something to you, I live with my husband in the same house we’ve lived since we married in 1999. Ask anyone who knows us. Our house in Abuja was bought in 2007 by my husband and as an architect and lover of interior décor I did it up to our own taste. It is not over the top because I have good taste and appreciate bargains. I shop in regular shops like B & Q to do up all the places where I live. Anyone who tells you I have houses anywhere should feel free to publish them. That was how they said I bought an expensive property in Vienna. I went to court and I won the case. I never saw the house before except in picture. The house I stay in London is rented. As a woman I love to look good. Some of my dresses and jewelleries are often dumped on me by those I buy from and I pay them when I can.”
However, in 2017, two years after the to and fro of the security agencies on the case, Alison-Madueke spoke out again, insisting that though every human being makes mistakes, but one error that can never be ascribed to her is stealing.
Accusing the Economic and Financial Crimes Commission (EFCC) of taking advantage of her silence, she said she was prepared to face trial as long as due process is taken into consideration.
The commission has leveled many corruption allegations against her, but Alison-Madueke waved them aside, challenging the agency to provide “incontrovertible” evidence.
She said in a detailed statement where she described the anti-graft war of the current administration as witch hunt: “I have up till now chosen to maintain my silence and not to respond to inaccurate press reporting. However, given the level of deliberate inaccuracies, I am now forced to respond because it is clear that the EFCC is taking advantage of my silence to try me by media and to convict me in the eyes of the public.”
Even while a federal high court in Lagos ordered that the $153 million, which she allegedly lodged in three banks, be temporarily forfeited to the federal government, the ex-minister denied ownership of such amount of money, saying: “I wish to state that I cannot forfeit what was never mine.” She also denied ownership of a N5.7bn mansion located on Margaret Thatcher Close, Asokoro, Abuja, which the EFCC seized in June, 2017. She accused the then Ibrahim Magu-led EFCC of misleading the public.
HER STATEMENT IN FULL:
I have up till now chosen to maintain my silence and not to respond to inaccurate press reporting. However, given the level of deliberate inaccuracies, I am now forced to respond because it is clear that the EFCC is taking advantage of my silence to try me by media and to convict me in the eyes of the public.
I am deeply disturbed and bewildered by recent media reports claiming that by virtue of an order of the federal high court, I have forfeited to the federal government, the sum of $153.3m which I purportedly stole from the Nigerian National Petroleum Corporation, NNPC.
First and foremost, whilst the reasons for my being out of the country are public knowledge, the principle of fair hearing demands that I should have been notified of formal charges if truly there was a prima facie evidence or indictment against my person linking me with the said issue, so as to ensure that I had adequate legal representation.
This was never done. I wish to state that I cannot forfeit what was never mine. I do not know the basis on which the EFCC have chosen to say that I am the owner of these funds as no evidence was provided to me before the order was obtained and they have not in fact served me with the order or, any evidence since they obtained it.
As of the time of my writing this rebuttal, the EFCC have still not furnished me or my Lawyers, with a copy of the order. I am also informed by my lawyers that the legislation under which the EFCC obtained this order is for situations where the funds are believed to be the proceeds of crime and the owner is not known. I do not therefore, understand how the EFCC can in the same breath say that the monies in question are mine.
If they had evidence that the monies were mine then they would not /should not, have used the procedure which applies only to funds of unknown ownership. If indeed they used this particular legal procedure because they did not know who owned the monies, then how can they now be falsely attributing the ownership to me.
Let me re-state categorically as I have always maintained, for the record, I have NOT and WILL NEVER Steal Money from OR DEFRAUD the Federal Government of Nigeria. I am willing to respond to any charges brought against me that follow duly laid down procedures.
However, in their typical manner and style, the EFCC have gone to the media to attempt to prosecute their case as trial by TV and other media, rather than go through the onerous but tried and tested means of the Judicial Court process. In the face of the obvious falsification of facts and misinformation, it is only right and proper that the EFCC should publish the details of the $153.3M lodgements, the bank account numbers and the account beneficiaries, showing proof of my link to them. Having also alleged that the said $153.3M was ‘wired’ from NNPC, the EFCC should also publish details of the NNPC accounts from where the said $153.3 million was taken from, with proof that I authorized such a transaction/transactions acting either in my private capacity or, as The Honourable Minister of Petroleum. Let me state for the record that as Minister of Petroleum, the operation and management of NNPC finances were outside my purview as outlined in both the Petroleum Act and the NNPC Act. The only involvement I had in NNPC Finances was in terms of statutory matters, where the Petroleum Act prescribed that as Minister, there were certain duties or actions which I had to perform or take in relation to NNPC.
MALABU
With regards to the various news reports published in both the online and print media, insidiously inferring that I was indicted by Italian prosecutors for, as they put it, ‘ sharing in the Loot’ of the $1.3bn OPL 245 oil block deal that involved Malabu and the Joint Venture Multinational partners, ENI(AGIP) and Royal Dutch Shell. Let me once again State for the record, that this is another figment of the author’s imagination, which given the persistent bid to ensure my destruction and stick all of the Sins of the Corruption plagued Oil and Gas Sector of over the last 30years upon my head, probably emanated from the EFCC itself! Let me clarify the position re the history of OPL 245, otherwise known as Malabu. You will find a full chronology in the attached report that I made to the House of Representatives in late 2011 (Annex 2A/Annex-2B). In 2010, shortly after I was appointed as Minister of Petroleum Resources, the issue of OPL 245 was brought to my attention. I looked into the case and immediately became aware of the inherent and long standing sensitivities around this issue. It became clear from the onset that this case was not within the direct purview of the Minister of Petroleum Resources but in the main was centered around issues of Law. By this time there was already an ICSID(International Centre for Settlement of Investment Disputes) investigation and claims against the FGN running into billions of dollars. Therefore, we took directives from the Chief Legal Officer of the Nation; the Attorney General and Minister of Justice. In all of these matters due process was followed to the letter at all times. I wish to categorically state that I have never held any discussions on this matter, with any individuals or entities outside of official channels. As Minister of Petroleum Resources, I did not participate in any activity relating to financial payments on the Malabu matter, other than those statutorily mandated to the Minister of Petroleum Resources by the Petroleum Act. My role in this matter was a purely statutory one as required by Law in the Petroleum Act 3.
THE ALJAZEERA REPORT – $18MILLION MANSION
On the 13th of June 2016, the EFCC once again took their well-trodden path to the media. This time claiming that they had ‘discovered’ a mansion in Asokoro, Abuja, worth $18million (approx. N9billion) which they purported to belong to me. The EFCC went to the extent of bringing in Aljazeera, an International TV Station, to air a damaging documentary against me in this regard, showing a particular residential building in Asokoro, Abuja, which they told Aljazeera belonged to me.
The EFCC Chairman Ibrahim Magu, personally took the Aljazeera reporter to the building, alleging that it belonged to me. It has since become apparent that the house belongs to a company owned by Mr Kola Aluko. If this is not a witch hunt or a personal vendetta against me, how is it that one of our Country’s premier investigative agencies were unable to avail themselves of facts that are freely available in the public domain. Since the EFCC claims that the alleged $18million Asokoro property belongs to me, then they should kindly produce the ‘Authentic’ Certificate of Occupancy and Land Registry information and any other relevant information, as proof of my ownership of the property.
FAMILY HOME – YENEGOA, BAYELSA STATE
On the 9th November 2016, the EFCC visited our Family home in Yenegoa (Bayelsa State) as pre-agreed and they were escorted around the premises. I was therefore completely shocked to once again see my name sensationally splashed across the Front Pages of Newspapers and widely circulated on the internet, with blaring Headlines such as “EFCC UNCOVERS DIEZANI’S MULTI-BILLION NAIRA ESTATE”
There was absolutely nothing ‘Hidden’ or ‘Concealed’ about the home. I HAD DECLARED IT OPENLY as required by Law, in my Asset declaration forms (Annex-4B). Yet the EFCC have announced that they ‘Just Discovered’ my ‘Hidden Estate’! And labelled it a ‘Multi-Billion Naira Estate’! Even though they had been given the Bill of Quantities, showing actual amount spent. It is accepted Tradition across the length and breadth of Nigeria, for people to own country/village homes.
Given the size of the land and the location of the compound, the buildings thereon cannot by any stretch of the imagination be a “Multi-Billion Naira” palatial estate, as the news mongers would want to portray. The EFCC were taken on a tour of the compound which consisted of A Main house, and two outhouses – An Obi (meeting bungalow) and a staff quarters(BQ) building – above which we built 3 guest rooms and a parlour. The only other 2 structures are the gate and generator houses. Construction began in late 2011 and was handled in phases. During the visit the EFCC was given the bill of quantities, which up until the time construction stopped in early 2015, due to my illness, was at approximately N394million which was declared in the code of conduct documentation, attached (the costs were partially funded by a loan – see code of conduct – Annex4B, the work is still uncompleted and the contractor is still being owed).
Building costs escalated as a result of delays in construction and external factors such as the extreme flooding of late 2012, that covered most of our areas in the Niger Delta. Due to the topography of the land and the heavily waterlogged and marshy terrain, construction is infinitely more expensive than in other parts of the Country, as by its nature it requires the building of extensive piling/raft foundations before any structural work can commence. The flooding of 2012 compounded the problem and further increased the cost of construction.
$700 MILLION CASH FOUND IN MY HOUSE
Stories were circulated by unscrupulous agents of calumny that the EFCC found a mind boggling $700million in cash in my home in Abuja. Would the videos of this $700 million cash discovery not have made good viewing? Or should those who recovered this money not tell the public where exactly the money has been kept? Perhaps the Central bank should corroborate that it is in custody of these monies allegedly found in my house? But then, it is now patently apparent that Nigerians are no longer easily led to believe fables and sensational untruths.
THE MISSING $20 BILLION
In late 2013, NNPC was accused by the then CBN governor, of misappropriating first $49.8billion, then it changed to $12billion and finally it was said to be $20billion. And in the twinkling of an eye that accusation was turned around and directed at me, personally. I was accused of stealing/misappropriating the unfathomable amount of $20 billion. In a CNN TV Interview in March 2015, the former CBN Governor stated that “there was this gap of $20 billion after reconciliation between what NNPC exported and what it repatriated to the federation account and I raised a number of issues that I think have not yet been discussed and addressed sufficiently.
One of them is billions of dollars being paid in kerosene subsidy without appropriation by the National Assembly and against a presidential order and we don’t know who authorised these payments yet. Nobody has owned up to say I authorised these payments, I made a mistake, it will stop…”.
He, went on to say that…. “…It could be $20 billion at the end of the day, after reconciliation they could account for 10 or 12…”. So, as he pointed out, there was indeed a reconciliation that at first stage had begun to close the purported gap. He also referred to the non-appropriation of kerosene subsidy by the National Assembly. This was an issue for which I had tried to engender a resolution and for which I was still seeking a lasting solution to, at the time the CBN Governor raised these issues (Annex-2A). He had stated severally that a large portion of the $20billion was constituted of illegal approvals for Subsidy payments that I had given and that the late President Yar’adua had directed that the said subsidy payments should be stopped and that I did not comply with President Yar’adua’s directive. I have said it before but let me say it again. President Yar’adua’s directives were made in a presidential memo dated June 10, 2009, to the late Petroleum Minister, Rilwanu Lukman, not to me. I was not the Minister of Petroleum Resources at that time. My tenure as Petroleum Minister began in April, 2010. Those directives were not complied with by Rilwanu Lukman, not Diezani Alison-Madueke. I made several attempts when we came into office in April 2010, to get to the real truth of the matter. Even before we came in the GMD who served under Rilwanu Lukman, Alhaji Barkindo, who is today the Secretary General of OPEC, had written to the then Minister of Finance, Alhaji Muhktar, to enquire for clarity on the matter, to no avail.
Finally, I had to write to President Jonathan to get to the truth of the matter. President Jonathan pointed out that although he and President Yar’adua had wanted to cancel the entire issue of subsidies, the unions had objected and therefore the payment of subsidy had never been stopped. He directed that in the meantime we continue the payments but with the proviso that we prepare for complete deregulation as soon as possible(Annex-2C), which I of course moved to implement on Jan 1st, 2012. Today, we all know that the PWC report that was published cleared me of any wrong doing and no one up till now has been able to controvert the PWC report, nor has anyone been able to show that the $20 billion is actually, or was ever, missing.
In addition, the Makarfi-led committee in the Senate of The Federal Republic of Nigeria, in a series of publicly-held hearings, also vindicated me on the matter of the purportedly missing funds. In late 2011, due to the incessantly high subsidy figures which we knew were coming from unscrupulous marketers who were dealing in Round-tripping at the expense of the Nation, I removed all 92 PPPRA throughput marketers, amongst whom we believed were those undertaking round-tripping and substantially raising the cost of subsiding petrol for the entire Nation.
In doing that, I cut the subsidy bill to the Nation by almost 50% and put my life under immediate threat. Yet, I was accused, in the now defunct NEXT magazine, of taking bribes from these same companies. At end December 2011, I directed PPPRA to move for complete deregulation, to rid the Oil & Gas sector of the speculators, the bloated middlemen and the parasitic influence of Godfatherism. This was in an attempt to create a far less corruptible system as it was quite clear that the intended benefits of the Subsidy system were not reaching the masses but were being hijacked by unscrupulous middlemen cabals.
And finally, to allow the true market factors of supply and demand to come into play….. And as you all know, the country pushed back against it. Even after that, in early January 2012, I sought the permission and received the approval, of President Jonathan to write to EFCC asking that they please come in and investigate the entire Subsidy program and the fraudulence embedded in it(Annex-2D). And yet, I was called the corrupt one. It is pertinent to note here, that the incumbent government themselves maintained the full subsidy regime for over one year until they realised (as I had pointed out in 2011 and had championed continuously), that it was unsustainable. 7. My Stewrdship I would like to state for the record that I performed my duty as Minister of Petroleum Resources with the utmost sincerity and sense of responsibility, ensuring that all Nigerians irrespective of creed, gender or tribe enjoyed their rightful benefits from the Oil and Gas Sector. $5.6 Billion LNG Dividend Fund It is pertinent to note that at the end of my tenure, I left behind in the LNG dividend fund, for the incoming Administration, the sum of $5.6billion(five billion six hundred million US Dollars)(Annex-6A). I did this to ensure continuity in the crucial gas sector development which underpins the entire Power and Energy Sector and which was and still is, absolutely imperative for the Country’s current and future economic development. Local Content Having pushed for the full implementation of the Nigerian Local Content Act, despite resistance from various stakeholders, I actively promoted the benefits of ‘Nigerians Right to First Consideration’ in both the downstream and upstream sectors. The immediate effect of my actions was that for the first time in history, thousands of Nigerians were able to break through the barriers of a sector that had hitherto been the preserve of a few powerful groups with vested interest, and thereby earn a living. This remains a source of pride to me, that not only did it create wealth across the entire economic value chain but it also ensured the unparalleled transfers of knowledge and expertise for our indigenous operators. It is noteworthy that the template is being adapted for use in other countries. Fuel Scarcity It is on record, that I immediately took the issue of incessant fuel queues head-on and in my time as petroleum minister, Nigerians rarely experienced fuel shortages. These queues had long dominated our landscape, causing untold hardship to millions of ordinary Nigerians stuck in fuel queues for hours; like the bus driver who was unable to earn enough to go to the market, and the market woman who, therefore, earned less and so could not afford school fees. This example, though at the most basic level, caused a chain reaction which was replicated in various facets throughout the economy. So, on the macro economic level, the main benefit of ending the fuel queues was an immediate increase in GDP, reduction in inflation and easier facilitation and movement of people, goods and services, across the country. The continuing effect of all these measures were that even in the most remote locations, Nigerians could buy and sell petroleum products. Gas Supply & Infrastructure As soon as I assumed office, I put into play my wealth of experience in the oil and gas sector, knowing that gas was imperative for our future growth and prosperity. I put together a team to look at all aspects of growing Nigeria’s Gas with the intent of turning Nigeria into a Premier Gas Exploring and Producing Country, even more than an oil producing country. We started working on Gas for Industry – The commercialisation approach, Gas for home use – LPG, and Gas for Power generation. We even sponsored a pilot scheme for Gas to power vehicles. I implemented a short, medium and long term project to put in place sustainable gas supply to underpin the power sector and began laying the requisite infrastructure that was virtually non-existent when we took office. We worked with NERC and the CBN to put in place the necessary fiscal levers, to ensure that Gas supply would be competitively priced. I left behind a comprehensive and detailed plan for the rollout of LPG and the Industrialisation of GAS eg. The Ogidingben project. Petroleum Industry Bill I personally worked tirelessly through the night on many occasions, with the committee on the Petroleum Industry Bill, to finally get it to the point where for the first time in over 12 years, we could place it before the Federal Executive Council, and the National Assembly. I championed this in a bid to create aless corrupt, more transparent, accountable and responsible NNPC and Oil and Gas Industry as a whole. It was also to create additional funding inflows for the Nation. This was in spite of the fact that there was major resistance from powerful interest groups within and outside Nigeria. I take personal satisfaction even now, that the PIB template I presented to the country is still the benchmark for the current and future development of the Oil Sector in Nigeria. The Template is already being adapted for use in other countries.
MY POSITION
It is saddening that after eight years of serving my country, my experience as a public servant has been fraught with continuous malicious castigation and character assassination, all in the name of ‘personal vendettas’ or political horse trading. It has become apparent to many that these untruths told were at best well-crafted fables. The most dramatic and damning accusation was the infamous missing $49.8 Billion Dollars, that went from to $12 Billion and then up to $20 Billion and which was alleged missing from NNPC. Today, we all know that the PWC report that was published cleared me of any wrong doing and no one up till now has been able to controvert the PWC report nor has anyone found the “missing” 20 billion, or who took it. In addition, the Makarfi-led committee in the Senate of The Federal Republic of Nigeria, in a series of publicly-held hearings, also vindicated me on the matter of the purportedly missing funds. Yet, we are all silent as if these events never occurred! The allegations that I have addressed above are no different, the character assassination continues, this time with a new set of hirelings. One of the basic tenets of the human trait is that we all have shortcomings and we all make our fair share of mistakes, whether we are in positions of Leadership, or not. However, one error that cannot be ascribed to me is STEALING FROM NIGERIA & DEFRAUDING MY COUNTRY! It is therefore sad and distressing that in spite of all that I tried to do in the best interest of our Nation, I continue to be faced with constant demonisation, unproven accusations and deeply personal insults. In response I have chosen not to insult, accuse or demonise anyone, any person or persons. In spite of all the allegations that have been made against me, not one has been factually proven. I remain very proud of the fact that all the policies, tenets and plans that I initiated in the Oil & Gas sector are still underpinning the entire structure. This is because they were put in place with the good of the entire nation and its people in mind. They were not factional, or tribal, neither were they based on religious bias. I am a woman from the Niger Delta, who through perseverance and sheer hard work rose to one of the highest positions in the Country’s premier International Oil Company, and in tune with my ethos of hard work I earned the prestigious British Foreign & Commonwealth Chevening Scholarship Award and was thereafter admitted to my MBA program at the World renowned Cambridge University. In 2006, I was appointed as the first female executive director in the history of Shell Petroleum, Nigeria. Just over a year later, I was nominated and appointed as a minister of the Federal Republic of Nigeria, culminating in my appointment as Nigeria’s first female Minister of Petroleum, where again by dint of hard work I was appointed as the first female in history(in a completely male dominated space) to hold the Presidency of OPEC. I can therefore, NO LONGER SIT BACK and allow the fabricated accusations against my person designed by unscrupulous persons with a vengeful agenda go unchallenged. As a Christian, it is my sincerely held belief that in the coming months, history will be the judge of exactly who Lied and who told the Truth. By the Grace of God, I shall be here to see the day when truth prevails. The fight against corruption in Nigeria will be far better served if the EFCC focus on incontrovertible facts, as opposed to media sensationalism and completely distorted stories, in their bid to demonise and destroy a few specially chosen Nigerians. Documentary evidence is available to support the facts.
ALISON-MADUEKE IN THE EYE OF HER COUNSEL
The Claimant served as the Minister for Petroleum Resources of the Federal Rep ublic of Nigeria between 2010 and 2015 in the President Dr. Goodluck Ebele Jonathan’s Administration. The Claimant before then, had served as the Honorable Minister for Transportation and Honorable Minister for Mines and Steel Development, respectively, under the Umaru Y’ar Adua Administration between 2007 and 2009. The Claimant before serving in the Government of the Federation had held the position of Executive Director in Shell Petroleum Development Company of Nigeria, being the first Woman ever to be so appointed to that position in Nigeria, in the history of the Corporation.
During the course of the Claimant’s service as Minister of Petroleum Resources, she spearheaded the enactment and implementation of the Nigerian Local Content Development Act, which 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. This resulted in the current figures of over 100,000 direct jobs got from over 9,600 operator and service companies, as well as over 400,000 indirect jobs. This singular iniative has also ensured current Nigerian content level of over 54%, in the downstream service sector alone.
Amongst many other implemented policies introduced by the Claimant, she also re-drafted the critical Petroleum Industry Bill in order to achieve a much higher degree of transparency and accountability in the petroleum 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.
Towards the end of the tenure of the administration of President Good luck Ebele Jonathan, the Claimant was diagnosed with the most aggressive form of breast cancer –Triple Negative Cancer. She hurriedly flew to England on 22nd May, 2015, in order to undertake a critical course of treatment, which consisted of two operations, eight months of intensive chemotherapy and five weeks of radiotherapy. She has remained in England ever since then, constantly undergoing intensive medical care and treatment.
The Claimant is a very successful Architect and holds the Fellowship of several international bodies and associations.
The Claimant is an accomplished Public Administrator, a Politician and has achieved several international and local awards for her outstanding performances built on a solid foundation of hard-work, integrity and strength of character and illustrious family pedigree.
SOME OF THE PUBLICATIONS REFERRED TO AS DEFAMATORY TO ALISON-MADUEKE
On the 16th day of December, 2021, the 1st, 2nd and 3rd Defendants, in a publication titled ”Diezani: EFCC uncovers additional $72.8 million in Fidelity Bank”, maliciously wrote, authored and/or caused to be authored, or published to the whole world at large of and concerning the Claimant, through the 3rd Defendant’s online platform to wit: https://www.premiumtimesng.com/news/top-news/501068-diezani-efcc-uncovers-additional-72-8-million-in-fidelity-bank.html?tztc=1, through which publications they falsely and maliciously described the Claimant as a common criminal who looted public funds belonging to the Federal Republic of Nigeria for her personal gain.
In a publication made on the 8th day of August 2017, by the 1st 2nd and 3rd Defendants, titled “Unbelievable!!! EFCC traces N47.2 Billion, $ 487.5 Million to ex-Minister Diezani Alison-Madueke”, the 1st 2nd and 3rd Defendants falsely and maliciously wrote, authored and or/caused to be written, authored, or published to the whole world at large through the 3rd Defendant’s online platform, a false and incidious story to: https://www.premiumtimesng.com/news/headlines/239620-unbelievable-efcc-traces-n47-2billion-487-5million-ex-minister-diezani-alison-madueke.html?tztc=1, wherin they falsely and maliciously described the Claimant thus: “It seems Mrs Diezani Alison-Madueke, until recently, Minister of Petroleum Resources, going by the sheer amount of her acquisition of gold and diamonds, may have been fighting a spirited war against millions of compatriots who are heavily and unevenly yoked by crass poverty. To boot, the former minister is accused of having stolen – in broad daylight – the money that funded her acquisitive binge. A search of one of Mrs. Alison-Madueke’s palatial residences in Abuja, by the Economic and Financial Crimes Commission (EFCC) turned up boxes of gold, silver and diamond jewelry, worth several million pounds sterling”.
In yet another publication, made on the 24th day of January, 2022, titled, “Again, court orders arrest of ex-petroleum minister, Diezani, over corruption charges”, the 1st, 2nd and 3rd Defendants falsely and maliciously relying on the false information supplied to court wrote, authored, published and/or caused to be written, to the whole world at large through its online media and prints to wit:
https://www.premiumtimesng.com/news/headlines/507545-again-court-orders-arrest-of-ex-petroleum-minister-diezani-over-corruption-charges.html?tztc=1, where they falsely and maliciously described the Claimant as a common criminal facing multiple charges of money laundering before federal courts in Lagos and Abuja and believed to be in the United Kingdom where she is also being allegedly investigated for money laundering.
MORE REASONS DIEZANI IS FIGHTING BACK
According to legal documents obtained by The Boss, the legal team of the claimant believe that the actions of the EFCC and AGF among others are solely based on rubbishing the hard earned integrity of their client, hence the need to call a spade a spade, and put the situation into perspective. The document signed by Chief Ozekhome stated thus:
MEANING OF THE PUBLICATIONS IN THEIR NATURAL AND ORDINARY MEANING
The Claimant avers that the statements are defamatory in their natural and ordinary meaning. The publications meant and were understood by reasonable members of the public to mean that:
(i) The Claimant is not worthy of taking part in the governance of Nigeria especially occupying high profile office of public trust.
(ii) The Claimant is of dubious and doubtful character.
(iii) The Claimant is untrustworthy, unethical and a corrupt politician who promotes evil culture of stealing from the Federal Government of Nigeria and corrupt enrichment among others.
DAMAGE
The Claimant has no better heritage than her integrity and good character. They are of paramount importance to the success of her political endeavors and several achievements she has notched.
Upon reading the online and hard copy publications, the Claimant was gravely shocked, disturbed, embarrassed, traumatized, harassed, flustered discommoded, peeved and exasperated.
The publications led to several letters, sms/text messages and telephone calls from various quarters including, religious leaders, her immediate family members, loved ones, friends, associates, professional and political associates, and well-wishers of the Claimant both home and abroad.
Since the publications, the Claimant’s residence has also been inundated with visits by of relatives and friends both home and abroad, who have expressed their shock and disappointment in her over these false publications.
The Defendants had the means and opportunities of verifying the truth or otherwise of the offensive publications, but failed to do so and were motivated in making the offensive publications by the desire to make money and to bring the estimation of the Claimant into contempt, odium and ridicule in the eyes of an average Nigerian.
The publications have greatly prejudiced the Claimant and caused her reputational damage, loss of goodwill, and confidence by her political associates and professional colleagues who now shun and keep their distance from her as a common thief and corrupt public officer.
The callous and defamatory publications as maliciously made by the Defendants have effectively besmirched the Claimant’s professional and political integrity and pedigree.
PUBLICATIONS WERE ACTUATED BY MALICE AFORETHOUGHT
The acts of the Defendants destroyed the Claimant’s hard-earned reputation and all that she has laboured for over the years. The acts of the Defendants were clearly accentuated by malice aforethought and bad faith, without any justification whatsoever.
PARTICULARS OF MALICE
(i) The publications were made in such brazen manner that any reader who read the story readily believed the conclusiveness that she was an international criminal.
(ii) Making such bizarre and false allegations against the Claimant knowing same to be untrue and without any foundation, was not only dishonest and reckless, but is calculated to incite the numerous friends, associates, family members, admirers and followers against her.
(iii) The Defendants had the opportunity to very the accuracy of the publications by cross checking with the Claimant, but deliberately failed to do so.
(iv) The defamatory words of the Defendants were actually schemed and embarked upon by the Defendants to denigrate, disgrace, embarrass, humiliate and subject her to public ridicule, opprobrium and derision in the eyes of right-thinking members of the public and the society at large. And more…
PARTICULARS OF FALSEHOOD AND SPECIFIC DENIAL OF FALSE ALLEGATIONS
i) The Claimant states that no money whatsoever in the sum of $72.8 million was ever discovered in Fidelity Bank that is associated with her, which she purportedly stole from the Nigerian National Petroleum Corporation, NNPC.
ii) The Claimant avers that contrary to the ridiculous and wild allegations made against her by the 1st Defendant that the sum of N47.2 Billion, and $487.5 million, were traced to the Claimant’s home are laughable as no home can house such humongous sum in cash except the Central Bank of Nigeria.
iii) The Claimant avers that whilst the reasons for her being out of the country are public knowledge and are most certainly known to the 1st and 2nd Defendants, the principle of fair hearing demand that she ought to have been notified of any formal charges against her if truly there was any prima facie evidence, against her person, linking her with the said sums that she be afforded adequate legal representation; which was never done.
iv) The Claimant avers that she could never have forfeited what was never hers and sums she never had in the first place.
v) The Claimant avers that she was never apprised of the basis upon which the 1st Defendant accused her of being the owner of these jewelries allegedly worth $40,000,000.00, (forty million dollars), as no evidence was provided to her before the said order was obtained. They defendant whatsoever have not till the time of initiating this suit, ever served her or her Counsel with the said order, or any evidence pertaining to this matter, since they obtained same. And many more…
The Claimant vehemently and specifically denies each and every allegation of fact contained in the said publications which are nothing but a figment of the imagination of the Defendants. She states most emphatically that the entire publications are most baseless, false, malevolent and totally bereft of any truth or foundation howsoever, and without any justification for publishing same.
Diezani is therefore, asking the defendants to as a matter of urgency to tender publications of apology as a prelude to settlement, or in the alternative, the court should make certain declarations including “A DECLARATION that the publication made on the 16th day of December, 2021, titled ”Diezani: EFCC uncovers additional $72.8 million in Fidelity Bank”, authored by the 1st Defendant under the supervision of the 2nd Defendant and widely published by the 3rd Defendant, is libelous, untrue, malicious, injurious and intended to lower the reputation and integrity of and indeed lowered the reputation and integrity of the Claimant in the estimation of right thinking members of the society within and outside Nigeria and also brought the Claimant into public ridicule, odium, contempt and derision.”
And in addition, orders including “AN ORDER directing the 1st, 2nd and 3rd Defendant to retract the libelous publications against the Claimant and consequently publish an unreserved apology in at least three (3) national newspapers including This Day, PUNCH and The Sun Newspapers within seven (7) days from the date of Judgment.
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