Former Minister of Petroleum Resources, Diezani Alison-Madueke, has approached the Federal High Court in Abuja to challenge the order obtained by the Economic and Financial Crimes Commission (EFCC) for the final forfeiture of her seized assets. The court has scheduled the hearing for October 23, as confirmed by Justice Inyang Ekwo on Wednesday. The lawyers representing Alison-Madueke, Benson Igbanoi, and the EFCC’s counsel, M.D. Baraya, have completed the necessary processes in the suit.
According to the News Agency of Nigeria (NAN), the EFCC had planned to conduct a public sale of all the assets seized, which were believed to be the proceeds of crime and had been ordered by the courts to be permanently forfeited to the Federal Government. The auctioning process began on January 9 and included properties allegedly belonging to Diezani Alison-Madueke. Recently, Abdulrasheed Bawa, the immediate-past chairman of the EFCC, revealed that $153 million and over 80 properties had been recovered from Alison-Madueke.
Diezani Alison-Madueke was accused of fleeing to the United Kingdom and remaining there after her departure from public office as the petroleum minister, a position she held from 2010 to 2015 during the administration of former President Goodluck Jonathan. In her lawsuit, she sought an order to extend the time for seeking leave to apply to the court to set aside the EFCC’s public notice issued for the public sale of her property.
The motion, marked FHC/ABJ/CS/21/2023 and dated January 6, was filed by her lawyer, Chief Mike Ozekhome, SAN. The former minister requested five orders from the court, arguing that the various orders made without jurisdiction should be set aside “ex debito justitiae.” She claimed that she was not given a fair hearing in the proceedings leading to the orders.
Diezani Alison-Madueke further stated that she was not served with the charge sheet, proof of evidence, or any summons related to the criminal charges against her. She argued that the courts were misled into issuing the final forfeiture orders due to the suppression or non-disclosure of material facts. She contended that the orders violated her constitutional rights to fair hearing and property ownership.
However, the EFCC, through a counter affidavit deposed by detective Rufai Zaki, urged the court to dismiss Alison-Madueke’s application. Zaki, who was involved in the investigation of criminal conspiracy, official corruption, and money laundering cases against the ex-minister and others, stated that the investigation revealed her involvement in criminal activities. Alison-Madueke was charged before the court in charge no: FHC/ABJ/CR/208/2018.
The EFCC operative refuted many of the claims made by Alison-Madueke, asserting that most of the cases leading to the final forfeiture of the disputed properties had been heard and determined by the court. He stated that the commission was ordered by the courts to publish a newspaper notice inviting parties to show cause why the properties should not be forfeited to the Federal Government before the final orders were made. The officer also noted that the assets subject to the present application had been ordered for final forfeiture in 2017 and had not been set aside or overturned on appeal. He confirmed that the properties had been disposed of through due process of law.
The hearing of the suit on October 23 will provide an opportunity for both parties to present their arguments before the court decides on the matter.
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