Former Minister of Petroleum Resources, Diezani Alison-Madueke, has approached the Federal High Court in Abuja, seeking an injunction to prevent the Economic and Financial Crimes Commission (EFCC) from auctioning her confiscated properties.
Through her legal counsel, led by Chief Mike Ozekhome (SAN), Diezani is also requesting the court to mandate the EFCC to reclaim any of her assets that have already been sold to individuals or corporate entities.
She contends that the EFCC, in a manner that violated her right to a fair hearing, commenced a public auction of properties linked to her based on a notice issued in 2023.
According to the former minister, the anti-graft agency justified its actions using final forfeiture orders obtained from different courts across Nigeria.
However, she argues that despite claims of final forfeiture, she was never served with any charges, proof of evidence, or summons in relation to any criminal proceedings.
She further alleges that the EFCC secured these forfeiture orders by withholding crucial information and misleading the courts.
“In many cases, the final forfeiture orders were made against properties which affected the Applicant’s interest, the courts were misled into making the final order of forfeiture against the Applicant, based on suppression or non-disclosure of material facts,” Diezani stated.
She maintains that the courts lacked jurisdiction to issue the forfeiture orders, as they were granted without upholding her constitutional right to a fair hearing.
The former Minister insists she was never notified of the legal proceedings that led to the seizure of her properties, adding that the EFCC was aware that she had been outside Nigeria seeking medical treatment since 2015.
“The Applicant did not have any access to newspapers circulating within Nigeria during this period as she was not in Nigeria at all material times relevant to this suit,” she asserted.
Diezani also argues that the EFCC’s claim that her properties were proceeds of unlawful activities lacks legal backing, as she has never been convicted of any crime.
“Only a court of law can declare an act as constituting unlawful activities, and there was no such order that had declared the alleged conduct of the Applicant to be unlawful. A mere allegation by the Respondent (EFCC) that the act or action of the Applicant constituted unlawful activities will not suffice in the circumstance,” she added.
She pointed out that she has three pending cases against the EFCC in Lagos courts, arguing that since the forfeiture orders are under legal challenge, the sale of her properties should be put on hold to prevent any irreversible actions.
EFCC Defends Sale of Seized Assets
In response, the EFCC filed a counter-affidavit challenging the competence of Diezani’s suit.
According to an affidavit sworn by one of its detectives, Oyakhilome Ekienabor, the EFCC revealed that multiple criminal proceedings were initiated against the former minister following investigations into her tenure as a public official.
The agency cited specific cases, including FHC/ABJ/CR/208/2018, filed in November 2018, and HC/ADYL/56c/2017, filed on July 1, 2017, before an Adamawa State High Court.
The EFCC maintained that the sale of her properties was conducted under legally obtained final forfeiture orders issued by Justice C.A. Obiozor on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019.
It also emphasized that public notices were placed in newspapers inviting interested parties to contest the forfeiture before the sale took place.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with the due process of law,” the EFCC stated.
Court Adjourns Case for Final Hearing
At the court session on Monday, Diezani’s counsel, Godwin Iyibor, requested more time to respond to the EFCC’s counter-affidavit, which was served on them on March 14.
Meanwhile, EFCC’s counsel, Divine Okoro, explained that certain challenges delayed the agency’s filing of the counter-affidavit within the required 14-day period.
Justice Inyang Ekwo subsequently adjourned the case to March 27 for a definite hearing, warning that no further delays would be tolerated as the matter had been pending since 2023.
This development comes after Diezani filed a ₦100 billion defamation lawsuit against the EFCC, accusing the agency of orchestrating media publications that portrayed her as a corrupt public official.
In the suit marked CV/6273/2023, she claims these publications subjected her to “public ridicule, odium, contempt, derision, and obloquy.”
