By Stephen Simon
A Federal High Court in Abuja has granted former Minister of Petroleum Resources, Diezani Alison-Madueke, permission to rely on a judgment delivered by a United Kingdom court in her ongoing legal battle with the Economic and Financial Crimes Commission (EFCC) over assets allegedly linked to her.
The ruling followed an application by counsel to the former minister seeking leave of court to tender the UK judgment as part of her defence against the anti-graft agency’s application relating to the forfeiture of assets allegedly connected to her. The court held that the document was relevant to the issues before it and should be admitted for consideration in determining the matter.
Counsel to Alison-Madueke argued that the UK court had examined issues relating to some of the allegations and assets forming part of the proceedings, contending that the judgment would assist the court in reaching a fair and informed decision. The defence maintained that the former minister was entitled to rely on every legally admissible document in support of her case.
The EFCC, however, opposed the application, insisting that the proceedings before the Nigerian court are distinct from those conducted in the United Kingdom and are governed by Nigerian law. The commission argued that the foreign judgment should not affect the determination of the issues before the court, particularly where the facts and legal questions differ.
In its ruling, the court clarified that admitting the UK judgment into evidence does not amount to accepting or endorsing its findings. Rather, the judge explained that the document would form part of the materials to be evaluated alongside other evidence before a final decision is reached in the matter.
Legal practitioners say the ruling underscores the willingness of Nigerian courts to consider relevant foreign judicial decisions where they may assist in resolving issues before them, while maintaining that such judgments are not automatically binding on Nigerian courts. They noted that the weight to be attached to the UK decision would be determined during the final evaluation of all the evidence.
The case is one of several legal proceedings involving the former petroleum minister, who has continued to challenge various forfeiture applications initiated by the EFCC. The outcome is expected to further shape the jurisprudence on the admissibility and relevance of foreign court judgments in asset recovery and anti-corruption litigation in Nigeria.
