ABUJA, Nigeria — Former Minister of Petroleum, Diezani Alison-Madueke, has approached the Federal High Court in Abuja, seeking an order to compel the Economic and Financial Crimes Commission (EFCC) to retrieve her seized assets from individuals and entities who purchased them during a public auction.
In an amended suit filed by her lawyer, Chief Mike Ozekhome, SAN, Diezani also requested the court to set aside the EFCC’s public notice that facilitated the sale of her properties.
The anti-graft agency had announced the auction of her assets from 9 to 13 January 2023, following a series of forfeiture orders issued by the court.
The former minister, in her originating motion marked FHC/ABJ/CS/21/2023, sued the EFCC as the sole respondent.
She sought an order extending the time to apply for leave to set aside the public notice and halt the sale of her properties.
On 17 February, Justice Inyang Ekwo granted Diezani’s request to amend the suit after her counsel, Godwin Iyinbor, moved the motion.
The EFCC’s counsel, Divine Oguru, did not oppose the amendment.
During the resumed hearing on Monday, Iyinbor informed the court that the amended originating motion had been filed and served on the EFCC on 20 February.
However, he requested an adjournment to respond to the EFCC’s counter-affidavit, which was served on 14 March.
Justice Ekwo reminded Iyinbor of the time the suit had taken since its filing in 2023.
Oguru, representing the EFCC, apologised for the delay in responding and assured the court of readiness to proceed at the next hearing.
The judge subsequently adjourned the matter until 27 March for hearing.
In the amended suit, Diezani argued that the EFCC’s public sale of her assets breached statutory provisions, including the EFCC Act, 2004, and the Proceeds of Crime (Recovery and Management) Act, 2022.
She also claimed that the sale violated her right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution.
The former minister sought an order restraining the EFCC from disposing of the properties listed in the public notice and vacating the notice itself.
She also requested an extension of time to apply for leave to set aside the forfeiture orders, which she argued were issued without jurisdiction and in violation of her right to fair hearing.
In its counter-affidavit dated 14 March, the EFCC urged the court to dismiss the suit. The affidavit, deposed by Oyakhilome Ekienabor, a litigation officer at Messrs Tayo Oyetibo LP, stated that Diezani’s claims were untrue.
Ekienabor explained that the forfeiture orders were issued following extensive investigations into Diezani’s activities as a public officer.
He cited two specific cases: Charge No. FHC/ABJ/CR/208/2018 filed on 14 November 2018, and Charge No. HC/ADYL/56c/2017 filed on 11 July 2017 before the High Court of Adamawa State.
According to Ekienabor, the forfeiture orders were made after the court ordered the EFCC to publish notices in newspapers, inviting interested parties to show cause why the properties should not be forfeited to the Federal Government.
He noted that Diezani was represented by counsel, Nnamdi Awa Kalu, during one of the forfeiture proceedings.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside,” Ekienabor stated. He added that the properties were disposed of in accordance with due process of law.
