By Hassanat Adebowale
Former Minister of Petroleum, Diezani Alison-Madueke, has urged the Federal High Court in Abuja to compel the Economic and Financial Crimes Commission (EFCC) to retrieve her confiscated properties from buyers. The assets were auctioned off by the anti-graft agency following her prosecution for alleged corruption.
Diezani, through her lawyer, Chief Mike Ozekhome (SAN), also asked the court to nullify the public notice issued by the EFCC, which authorized the sale of her properties between January 9 and January 13, 2023. She claimed the auction violated statutory provisions, including the EFCC Act, the Proceeds of Crime (Recovery and Management) Act of 2022, and her constitutional right to fair hearing as guaranteed by Section 36(1) of the 1999 Constitution.
In her amended suit, filed under case number FHC/ABJ/CS/21/2023, Diezani argued that the public sale lacked jurisdiction and failed to follow due process. She is seeking an injunction to restrain the EFCC from further disposing of her assets and a declaration vacating the public notice that facilitated the auction.
During Monday’s hearing, her counsel, Godwin Iyinbor, informed Justice Inyang Ekwo that an amended motion had been filed and served on the EFCC. However, Iyinbor requested an adjournment to respond to the counter-affidavit filed by the EFCC on March 14. Justice Ekwo, while granting the adjournment to March 27, reminded the parties of the protracted nature of the case, which began in January 2023.
In its response, the EFCC urged the court to dismiss the suit. The commission argued that the properties in question were disposed of lawfully following final forfeiture orders issued by the Federal High Court in July and September 2019. According to an affidavit deposed by Oyakhilome Ekienabor, a litigation officer in the law firm representing the EFCC, the forfeiture orders were obtained in accordance with due process and are still in effect.
The EFCC maintained that proper notifications were issued before the forfeiture, including a public invitation for interested parties to contest the application. It also stated that Diezani was represented in court during the proceedings that led to the final forfeiture orders.
The agency described Diezani’s claims as baseless, asserting that the sales were conducted transparently and legally. It also highlighted ongoing criminal proceedings against the former minister in several courts across Nigeria.
As the legal battle continues, Justice Ekwo is set to hear arguments on the amended motion and counter-affidavit when the case resumes on March 27.
The government has the legal authority to seize and auction properties tied to financial crimes, provided a court issues a final forfeiture order. This process is required to follow due process, which includes public announcements and giving affected parties the chance to challenge the forfeiture.
In Diezani’s case, the question arises whether she had adequate legal opportunities to contest the seizure of her assets before they were auctioned. The EFCC, however, maintains that all necessary procedures were followed, making the sales valid under the law.
The upcoming court ruling on March 27 will determine whether the former minister has any legal basis to reclaim the properties or if the forfeiture will stand as final.
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