A suit filed by Diezani Alison-Madueke, the former Minister of Petroleum, to challenge the Economic and Financial Crimes Commission’s (EFCC) order for the final forfeiture of her seized assets was stalled on Monday at the Federal High Court in Abuja.
The case, presided over by Justice Inyang Ekwo, could not proceed as scheduled because the court did not sit, with the judge attending a seminar at the National Judicial Institute.
The matter, marked as FHC/ABJ/CS/21/2023, has now been adjourned to November 21 for further mention.
Alison-Madueke, through her counsel Chief Mike Ozekhome, SAN, is contesting the EFCC’s actions regarding the public sale of her property, which she claims were conducted without proper jurisdiction and a fair hearing.
In her suit, Alison-Madueke is seeking five key orders from the court, including an extension of time to apply for a court order to set aside the EFCC’s public notice regarding the auction of her assets.
She argued that the various orders leading to the forfeiture were issued in violation of her constitutional rights, particularly her right to a fair hearing as guaranteed under Section 36(1) of the 1999 Constitution.
“The various court orders issued in favour of the respondent, which led to the public notice, were made without jurisdiction and ought to be set aside ex debito justitiae,” Alison-Madueke contended.
She alleged that she was never served with the charge sheet or any summons related to the criminal charges against her, further claiming that the courts were misled into issuing the final forfeiture orders through non-disclosure of material facts.
In her application, Alison-Madueke stated, “The orders were made without recourse to the constitutional right to a fair hearing and right to property accorded to the applicant by the constitution.”
She emphasized that the process leading to the forfeiture orders lacked transparency and due process.
The EFCC, however, has countered Alison-Madueke’s claims. In a counter-affidavit filed by Detective Rufai Zaki, the commission urged the court to dismiss her application.
Zaki detailed the investigation into Alison-Madueke’s alleged involvement in criminal conspiracy, official corruption, and money laundering, leading to her being charged before the court in case FHC/ABJ/CR/208/2018.
Zaki asserted that Alison-Madueke’s suit is based on untrue depositions, stating, “Most of the cases which led to the final forfeiture of the contested property were actions in rem and were heard at various times and determined by this honourable court.”
He further clarified that the courts had ordered the EFCC to publish a public notice inviting parties to contest the forfeiture before any final orders were made.
The EFCC has emphasized that the final forfeiture of Alison-Madueke’s assets was ordered by the court in 2017, and no appeals have overturned this decision.
“The properties have been disposed of through due process of law,” Zaki asserted, maintaining that the agency acted within its legal framework.
This legal battle unfolds amid ongoing scrutiny of Alison-Madueke’s conduct during her tenure as petroleum minister from 2010 to 2015 under former President Goodluck Jonathan.
The EFCC has previously disclosed that over $153 million and more than 80 properties were recovered from her, asserting that she has remained in the United Kingdom since her exit from public office.
This asset-related suit is separate from Alison-Madueke’s other legal pursuit, where she seeks N100 billion in compensation for alleged defamatory publications made by the EFCC against her.
