Former Minister of Petroleum, Diezani Alison-Madueke, has asked the Federal High Court in Abuja to order the Economic and Financial Crimes Commission (EFCC) to recover her seized assets from their buyers.
In an amended application filed through her lawyer, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo, Alison-Madueke specifically requested that the EFCC retrieve the properties from individuals and entities to whom they were sold.
She also sought an order to nullify the EFCC’s public notice, which formed the basis for the auction of her assets, arguing that the sale violated statutory provisions, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022.
Additionally, she contended that the auction contravened her right to a fair hearing as enshrined in Section 36(1) of the 1999 Constitution (as amended).
Alison-Madueke further asked the court to restrain the EFCC from disposing of any of her assets listed in the public notice and to invalidate the notice issued by the agency, which was based on multiple judgments and orders in its favor.
She argued that the final forfeiture orders against her properties were issued without jurisdiction and in violation of her proprietary rights, as she was denied a fair hearing.
The former minister also requested an extension of time to seek the court’s permission to challenge and set aside the EFCC’s public notice.
The EFCC had previously announced in a public notice that her assets would be auctioned between January 9 and January 13, 2023, prompting her to initiate legal action.
In an originating motion marked FHC/ABJ/CS/21/2023, filed on January 6, 2023, she sought an order preventing the sale of her properties and nullifying the auction.
However, in a counter-affidavit filed on March 14, the EFCC urged the court to dismiss her suit.
Litigation officer Oyakhilome Ekienabor, who deposed to the affidavit, refuted Alison-Madueke’s claims, stating that extensive investigations had led to multiple criminal proceedings against her in various courts, including the Federal High Court.
He cited charges filed in 2017 and 2018 as part of the evidence against her and explained that the properties were sold in compliance with final forfeiture orders issued by the court on July 9, 2019, and September 10, 2019.
Ekienabor maintained that these forfeiture orders were lawfully issued and did not infringe on Alison-Madueke’s right to a fair hearing.
“The cases leading to the forfeiture orders were actions in rem, and the decisions are binding on all,” he said.
He further stated that the court had instructed the EFCC to publish notices inviting interested parties to contest the forfeiture. Alison-Madueke, he added, was represented in one of the proceedings, but the court ultimately ruled in favor of the forfeiture after considering submissions made by her legal team.
On February 17, Justice Ekwo granted Alison-Madueke’s request to amend her suit after her counsel, Godwin Iyinbor, filed a motion to that effect.
At the resumed hearing on Monday, Iyinbor informed the court that an amended originating motion had been filed and served on the EFCC on February 20. He then requested an adjournment to respond to the commission’s counter-affidavit, filed on March 14.
Justice Ekwo stressed the need to expedite the case, noting that it had been pending since 2023.
The EFCC’s counsel, Divine Oguru, apologized for the delay in filing their response and assured the court of their readiness for the next hearing.
“We will be ready to proceed on the next adjourned date, my lord,” he stated.
Justice Ekwo subsequently adjourned the case to March 27 for hearing.
