Court adjourns Diezani’s asset forfeiture suit against EFCC to February 17

A Federal High Court in Abuja presided over by Justice Inyang Ekwo, has adjourned the hearing of a motion filed by former Petroleum Minister, Diezani Alison-Madueke, seeking to amend the originating process in her ongoing legal battle with the Economic and Financial Crimes Commission.

The hearing has been rescheduled for February 17, 2025.

Alison-Madueke, through her counsel, Professor Mike Ozekhome (SAN), filed the suit marked: FHC/ABJ/CS/21/2023, requesting the court to extend the time to apply for an order to set aside the EFCC’s public notice issued for the sale of her assets.

In her application, Alison-Madueke argued that the orders for the forfeiture of her assets were made without jurisdiction, claiming she was denied a fair hearing in the proceedings that led to the forfeiture orders. She sought five orders from the court, including the annulment of the EFCC’s public notice on the asset sale.

The former minister contended that the various court orders issued in favour of the EFCC violated her constitutional right to a fair hearing, as enshrined in Section 36 (1) of the 1999 Constitution. She maintained that she was never served with the charge sheet, proof of evidence, or any summons regarding the charges against her.

“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she argued.

She further claimed that she was neither served with the charge sheet, proof of evidence, nor any summons regarding the criminal charges pending against her before the court.

Alison-Madueke also argued that the courts had been misled into granting forfeiture orders due to the suppression or non-disclosure of critical information. She further insisted that the orders were made in violation of her right to property, as guaranteed by the Constitution.

In response, the EFCC, represented by Detective Rufai Zaki, urged the court to dismiss Alison-Madueke’s application.

Zaki, a member of the EFCC’s investigative team on the former minister’s alleged involvement in criminal conspiracy, official corruption, and money laundering, maintained that Alison-Madueke had been rightfully charged before the court.

He argued that the application for final forfeiture of Alison-Madueke’s assets had been properly instituted and conducted, with all legal requirements followed.

He asserted that the properties had been duly disposed of following the court’s order, which had been made in 2017 and was not overturned on appeal.

The EFCC also noted that its efforts to auction the seized assets, believed to include Alison-Madueke’s properties, were in line with the court’s order. The auction process began on January 9, 2023, as part of the agency’s broader efforts to recover the proceeds of crime.

During the proceedings on Thursday, Alison-Madueke’s lawyer, Godwin Iyinbor, informed the court that they intended to amend their application challenging the final forfeiture of the seized assets.

However, no legal representative from the EFCC was present in court.

Justice Ekwo, upon confirmation that the EFCC had served the necessary documents on the applicant’s counsel, adjourned the matter to February 17, 2025, for the hearing of the motion to amend the originating summons.