ive actually got a different approach which also works, patch, run configure, then edit Makefile.
find the line
XSSL_INCLUDE = /usr/local/ssl/include
change it to
XSSL_INCLUDE = -I/usr/local/ssl/include
damn patch doesn't patch the configure or makefile correctly.
then furthermore if you have the openssl/md5.h error, simply.
find / -name md5.h
it'll probably reside in /usr/local/ssl/include/openssl/md5.h or /usr/include/openssl/md5.h
anywho in your eggdrop source dir just do
cp -R /path/to/openssl openssl
problem solved, and requires no code modifications
hope this helps someone.