Diezani Alison-Madueke, the former Minister of Petroleum, requested the Federal High Court in Abuja on Monday to order the Economic and Financial Crimes Commission to reclaim her seized assets from their buyers.
The former minister expressly sought that the court order the anti-graft agency to reclaim the seized assets from the persons or businesses to whom they were sold.
Diezani made this motion in a revised application filed on her behalf by her attorney, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo.
She requested an injunction to overturn the EFCC’s public notice, which served as the foundation for the public auction of her assets.
She also requested the court to declare the EFCC’s public auction a violation of legislative laws, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022.
Diezani claimed that the sale violated her right to a fair hearing, as stipulated by Section 36(1) of the 1999 Constitution (as modified).
She also requested an order prohibiting the EFCC from disposing of her properties as indicated in the public notice, as well as an order vacating the EFCC’s notice, which was based on a number of judgements and decrees in its favour.
She claimed that the final forfeiture orders imposed on her possessions breached her proprietary rights owing to a lack of jurisdiction and the denial of a fair hearing.
The former minister also requested an extension of time to seek court leave to rescind, discharge, or set aside the EFCC’s public notice.
The EFCC published in a public notice that Diezani’s assets would be sold between January 9 and January 13, 2023.
Diezani filed a lawsuit against the EFCC shortly after the announcement.
In an originating action designated FHC/ABJ/CS/21/2023, filed on January 6, 2023, she requested an extension of time to apply for an order setting aside the public notice and preventing the auction of her assets.
However, in a counter-affidavit filed on March 14, the EFCC asked the court to dismiss the complaint.
The declaration, signed by litigation officer Oyakhilome Ekienabor, disputed various accusations made by Alison-Madueke.
Ekienabor noted that thorough investigations into the former minister’s actions during her tenure resulted in criminal charges against her in several courts, including the Federal High Court.
He referenced charges filed in 2017 and 2018 as evidence against her, stating that the properties were sold in accordance with final forfeiture orders issued by the Federal High Court on July 9, 2019, and September 10, 2019.
According to Ekienabor, the forfeiture orders did not violate Diezani’s right to a fair hearing, and the properties were disposed of in accordance with due process.
“The cases leading to the forfeiture orders were actions in rem, and the decisions are binding on all,” said the judge.
He noted that during the forfeiture proceedings, the court directed the EFCC to issue a notice seeking interested parties to show cause why the properties should not be forfeited.
Ekienabor further noted that Diezani was represented in one of the cases, but the court imposed the final forfeiture orders after considering her counsel’s views.
On February 17, Justice Ekwo allowed the former minister’s request to amend her claim, following a petition by her counsel, Godwin Iyinbor.
At the resumed hearing on Monday, Iyinbor informed the court that an updated originating motion was filed and served on the EFCC on February 20th.
He asked for an adjournment to answer to the commission’s counter-affidavit, which was submitted on March 14.
Justice Ekwo underlined the importance of expediting the case, which has been pending since 2023.
Divine Oguru, the EFCC’s counsel, apologised for the delay in answering and told the court that he would be ready for the next hearing.
“We will be ready to go on the next adjourned date, my lord,” he said.
The judge subsequently adjourned the case to March 27 for a hearing.
