The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to disregard the acquittal of former Petroleum Resources Minister, Diezani Alison-Madueke, by a United Kingdom court, arguing that the judgment has no bearing on ongoing forfeiture proceedings involving assets linked to her.
The commission made the submission in a further counter-affidavit filed in opposition to Diezani’s application seeking to tender the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations.
Justice Inyang Ekwo had on July 1 granted the former minister permission to present the UK judgment as evidence in the suit.
However, the EFCC maintained that the proceedings in the UK were unrelated to the Nigerian case and did not affect the final forfeiture orders upon which the disputed assets were disposed of.
The commission argued that the UK proceedings were not before any Nigerian court and had no connection with the substantive suit pending before Justice Ekwo.
“The proceedings before the Southwark Crown Court, London, United Kingdom, and the purported acquittal of the applicant therein, are in respect of a proceeding that is not being prosecuted before any Nigerian court and have nothing to do with the substantive suit before this honourable court,” the EFCC stated.
The anti-graft agency also urged the court to dismiss Diezani’s application and supplementary affidavit, describing some of the depositions contained in them as misleading.
According to the commission, the forfeiture proceedings concern assets covered by final orders of Nigerian courts, which remain valid and have not been set aside.
It said the properties were sold pursuant to final forfeiture orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order issued by Justice I.N. Oweibo on September 10, 2019.
The EFCC said it had also published notices in newspapers inviting interested parties to show cause why the assets should not be forfeited before the final orders were made.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with due process of law,” the commission stated.
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Diezani, however, is asking the court to order the EFCC to retrieve properties allegedly sold to third parties.
In the suit, marked FHC/ABJ/CS/21/2023, filed through her counsel, Prof. Mike Ozekhome, SAN, the former minister alleged that the EFCC commenced the sale of assets linked to her without giving her a fair hearing.
She argued that several final forfeiture orders were obtained through alleged misrepresentation, suppression and non-disclosure of material facts.
Diezani further maintained that she had never been convicted of any unlawful activity that could justify the forfeiture of her properties, arguing that the courts lacked jurisdiction to issue the orders without hearing her.
She also claimed that she had been outside Nigeria since 2015 for medical treatment and was not served with the relevant court processes.
The former minister argued that the forfeiture orders were made based on the civil standard of proof rather than the stricter standard applicable to criminal allegations.
She also said she had three suits pending against the EFCC in Lagos and maintained that the assets should not have been sold while the forfeiture orders were being challenged.
The EFCC, however, maintained that criminal proceedings had been instituted against Diezani in various Nigerian courts following investigations into her activities while she was a public servant.
The commission cited charges including FHC/ABJ/CR/208/2018 and HC/ADYL/56C/2017, filed before the Federal High Court and Adamawa State High Court respectively.
Justice Ekwo subsequently adjourned the matter until November 11 for hearing of the pending applications.