Kehinde Fajobi
A Federal High Court in Abuja on Monday, February 17, allowed former Petroleum Minister Diezani Alison-Madueke to amend her lawsuit challenging the Economic and Financial Crimes Commission’s (EFCC) final forfeiture order on her seized assets.
Justice Inyang Ekwo approved the amendment after Diezani’s lawyer, Godwin Inyinbor, moved the motion, and EFCC’s counsel, Divine Oguru, did not object.
Inyinbor informed the court that they had already filed the motion, and the EFCC had been served. Since there was no opposition, the judge granted the request and directed Diezani to file and serve the amended documents within five days, while the EFCC was given 14 days to respond.
The case was adjourned to March 17 for further mention.
Diezani, through her lead counsel, Chief Mike Ozekhome (SAN), had sued the EFCC, arguing that the court orders leading to the forfeiture were issued without jurisdiction and violated her right to a fair hearing.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution,” she stated in the suit.
She also claimed she was never served with any charge sheet or summons related to the criminal cases against her.
Diezani alleged that the EFCC misled the courts by withholding material facts, resulting in the forfeiture of her assets.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts,” she added.
She asked the court to set aside the forfeiture orders and stop the EFCC from auctioning her assets, arguing that the orders were void from the start.
However, the EFCC opposed her claims. In a counter-affidavit, investigator Rufai Zaki insisted that Diezani was properly charged in case no. FHC/ABJ/CR/208/2018 and that due process was followed in obtaining the forfeiture orders.
He argued that “most of the cases which led to the final forfeiture of the contested property were actions in rem, heard at various times and determined by this honourable court.”
According to Zaki, the court had ordered the EFCC to publish notices inviting interested parties to challenge the forfeiture before issuing final orders.
He noted that one Nnamdi Awa Kalu had represented Diezani in one of the forfeiture proceedings.
Zaki also stated that the final forfeiture orders were issued as far back as 2017 and had not been overturned on appeal. He maintained that the properties had already been lawfully disposed of.
The EFCC had initiated a public auction of forfeited assets, including those linked to Diezani, on January 9, 2023.
READ ALSO: Diezani Alison-Madueke Seeks Amendment in Legal Challenge Against EFCC
Former EFCC Chairman Abdulrasheed Bawa previously disclosed that the commission had recovered $153 million and over 80 properties from the ex-minister.
Diezani, who served as Petroleum Minister between 2010 and 2015 under President Goodluck Jonathan, has remained in the United Kingdom since leaving office.
This case is separate from another lawsuit she filed, demanding ₦100 billion in damages over alleged defamatory publications by the EFCC.