The Federal High Court in Abuja has scheduled October 6 for the hearing of a lawsuit filed by former Minister of Petroleum Resources, Diezani Alison-Madueke. The suit seeks to prevent the Economic and Financial Crimes Commission (EFCC) from selling off her seized properties.
The court, under the leadership of Justice Abubakar Umar, postponed the case to allow the former minister time to respond to documents filed by the anti-graft agency.
In the case identified as FHC/ABJ/CS/21/2023, filed with a legal team headed by Prof. Mike Ozekhome, SAN, Alison-Madueke requested that the court direct the EFCC to recover any properties sold to individuals or corporations.
Alison-Madueke told the court that in 2023, following a notice it issued, the EFCC violated her fundamental right to a fair hearing by starting a public auction of assets associated with her.
The former petroleum minister stated that the anti-corruption agency decided to sell the properties based on final forfeiture orders issued by various courts in the country.
The former minister, who is currently facing difficulties, informed the court that even though the EFCC alleges a final forfeiture order was issued against her seized properties, she had not been provided with any charges or evidence pertaining to criminal proceedings nor received any summons for matters pending before any court.
The applicant alleged that the anti-graft agency secured forfeiture orders against her by misrepresenting and concealing facts.
In numerous instances, the final forfeiture orders were issued against properties impacting the applicant's interest. The courts were misled into issuing these final forfeiture orders due to suppression or non-disclosure of material facts.
She added, "The various applications resulting in the court's final order of forfeiture against the applicant were based on significant misstatements, misrepresentations, non-disclosures, concealment and suppression of critical facts. Therefore, the court has the authority to nullify such orders ex-debito justitiae because a void order is equivalent to it never having been made."
She argued that the forfeiture orders issued against her were made by courts without the necessary jurisdiction, asserting that these decisions disregarded her constitutional right to a fair hearing.
The applicant claimed that she was never presented with the necessary court documents in any of the proceedings leading to the final forfeiture of her assets. She argued that the EFCC knew she was outside Nigeria during all relevant times, having left for medical treatment in 2015.
In response to the lawsuit, the EFCC submitted a counter-affidavit questioning its validity.
In the affidavit submitted by Detective Oyakhilome Ekienabor, the anti-graft agency informed the court that after thorough investigations into the applicant's activities during her tenure as a public servant, criminal proceedings were launched against her in several courts.
It informed the court that examples of these cases included a lawsuit designated as FHC/ABJ/CR/208/2018, filed in November 2018, and another charge labeled HC/ADYL/56c/2017, which was submitted on July 1, 2017, before a High Court in Adamawa State.
The EFCC stated that the sale of properties formerly owned by the ex-minister was carried out following final forfeiture orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order from Justice I.N. Oweibo on September 10, 2019.
The Commission informed the court that prior to declaring the assets forfeited, it issued newspaper announcements inviting anyone with an interest in the properties to come forward and present their case.
It should be remembered that the former minister previously filed a defamation lawsuit for N100 billion against the EFCC, accusing them of creating and funding numerous publications depicting her as embezzling government funds.
In the lawsuit identified as CV/6273/2023, she maintained that the defamatory statements subjected her to "public ridicule, odium, contempt, derision and obloquy."
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