Legal Palace

Admiral Alison Madueke has filed a petition in the Lagos State High Court, seeking a formal declaration to dissolve his marriage to Diezani Madueke. 

The petition, submitted, not only requests the termination of their marital union but also asks for a court order to prevent the former Minister of Petroleum Resources from continuing to use his last name.

It would be recalled that Madueke, a former military governor of Anambra and Imo states, married Diezani on June 30, 1999, under the Marriage Act.

This was stated in Madueke’s petition for a jactitation of marriage, which is a declaration that the marital union has ended.

The former Chief of Naval Staff argued that Diezani continued to use his name despite their marriage being legally over which was damaging to his reputation and could lead to unintended consequences, including mistaken liability, particularly given the corruption allegations against her.

Madueke, in the petition noted that Diezani had previously filed for divorce at the Nasarawa State High Court in Mararaba Gurku in November 2021, citing an irreconcilable breakdown of their marriage, seeking to end their union formally.

He stated he did not contest the lawsuit that led to the court dissolving their marriage. However, despite the formal termination of their marital union, Diezani continued to use his surname.

“On the 13th day of April 2022, judgment was delivered in Suit No. NSD/MG345/2021 by Hon. Justice A.A. Ozegya dissolving the marriage between the petitioner and the respondent on the ground that the marriage has broken down irretrievably.

“The said dissolution of marriage has now become absolute by the operation of law.

“Even though the marriage has been dissolved and is now legally finalised, the respondent continues to use the petitioner’s first name (Alison) and surname (Madueke) as her own without any justification or consent from the petitioner.

“It is now more than two-years that the respondent continues to use the name of the petitioner to his embarrassment.”

He explained that he directed his legal representatives to serve Diezani a formal request on December 14, 2023, demanding that she cease using his surname and revert to her maiden name, Agama.
 
“Despite this legal notice, Diezani has failed to respond and continues to use his name.

“The respondent has continued to hold out herself as the wife of the petitioner even when the marriage has been dissolved.

“The respondent is undergoing criminal trials in both Nigeria and the United Kingdom. The charge in Nigeria is Suit No. FUC/ABI/CR/208/2010.

“The respondent faces public allegations of corruption and financial misconduct, for which trials are ongoing for both.

“The persistent portrayal of the respondent as the spouse of the petitioner is creating embarrassment, a misleading impression and tarnishing the reputation, integrity, and public image of the petitioner.

“The respondent’s continued use of the petitioner’s first and surname falsely suggests to the public a continuing relationship between the parties though same has since legally ended.

“The respondent’s continued use of the petitioner’s first and family names poses a significant risk of legal and financial harm to the petitioner.

“The petitioner seeks the intervention of this Honourable Court to prevent the respondent from further using his first name and surname, thereby safeguarding his image, personality, and reputation.”
Madueke, however, sought a perpetual injunction restraining Diezani from using his name after their marriage was dissolved. 

Justice Vincent Agbata of the Anambra State High Court in Nnewi South has again sent an activist, Boniface Okonkwo, back to prison.

Okonkwo has been in detention since January 3 following his arrest for allegedly defaming a businessman, Chief Emeka Offor, on a community WhatsApp group.

The activist was arrested based on a complaint by Offor and has been in detention after he was also denied administrative bail by the police.

The prosecution claimed that Okonkwo described Offor’s meter manufacturing company as an “empty warehouse” on the Oraifite community WhatsApp platform, a post that irked Offor.

Okonkwo, who testified, denied defaming Offor.
Prosecution counsel Alex Ejesieme (SAN) requested Okonkwo to make calls from his phone, which had been in the court’s custody, to verify the number allegedly used to defame Offor.

When Okonkwo made the call in the courtroom, the Truecaller app identified the caller as “Overheat Oraifite”.

The activist insisted that his name is Boniface Okonkwo and not “Overheat” as suggested by the app and canvassed by the prosecution.

Okonkwo’s testimony raised questions about the credibility of the case over which his freedom had been curtailed for months.

Justice Agbata adjourned the case to July 9 and 10 for cross-examination.

The judge had surprisingly denied Okonkwo bail despite the defendant’s plea that he would not jump bail.

Onlookers were shocked that a citizen could be denied bail over what should ordinarily be a civil case.

Okonkwo had appealed to President Ahmed Bola Tinubu, Anambra State Governor Chukwuma Soludo, and the human rights community, including Femi Falana (SAN), to intervene in his case.

He claimed that his prolonged detention has resulted in his children facing threats of expulsion from school in South Africa due to unpaid fees.

Okonkwo’s family has appealed for his release, citing the hardship they are facing due to his prolonged detention.

They claimed Okonkwo’s continued incarceration was causing undue hardship and suffering for his immediate and extended family.

Chief Judge of Anambra State had also rejected Okonkwo’s request to re-assign the case to another judge after he expressed a lack of confidence in Justice Agbata.