Diezani’s Suit Against EFCC Rescheduled to December 7 in Court

The court hearing pertaining to the lawsuit filed by Nigeria’s former Minister of Petroleum Resources, Diezani Alison-Madueke, against the Economic and Financial Crimes Commission (EFCC) for the final forfeiture of her seized assets has faced a postponement, with the new date set for December 7, 2023. Initially slated for October 23, 2023, the delay arises due to the absence of the presiding judge, Justice Inyang Ekwo.

This legal case, formally identified as FHC/ABJ/CS/21/23, holds a significant role in the ongoing legal proceedings concerning Diezani Alison-Madueke’s assets.

The delay comes after prior preparations in which both Alison-Madueke’s legal representative, Mr. Benson Igbanoi, and the EFCC’s counsel, M.D. Baraya, had formalized their legal processes, according to a report from the News Agency of Nigeria.

The EFCC’s interest in this matter stems from their intention to conduct a public sale of assets they believe to be the proceeds of criminal activities. These seized assets, including properties linked to Diezani Alison-Madueke, were marked for permanent forfeiture to the Federal Government. The auctioning process commenced on January 9, initiating a complex legal battle.

Background:
Diezani Alison-Madueke’s tenure as Nigeria’s Minister of Petroleum Resources from 2010 to 2015 is marked by allegations of financial impropriety and corruption. During this period, she has been accused of accumulating substantial wealth through illegal means. Following her exit from public office, she allegedly fled to the United Kingdom (UK), where she has remained.

In response to the threat of her assets being permanently forfeited, Alison-Madueke filed a legal motion seeking an extension of the time limit to apply to the court for an order to set aside the EFCC’s public notice regarding the sale of her property. Her lawyer, Chief Mike Ozekhome, SAN, filed this motion marked as FHC/ABJ/CS/21/2023 on January 6.

Within this motion, Alison-Madueke sought five specific orders from the court, contending that the initial orders were made without jurisdiction and should be set aside “ex debito justitiae.” She argued that she was not afforded a fair hearing in the preceding proceedings.

One of her primary arguments was that the various court orders were issued in breach of her right to a fair hearing, a constitutional right guaranteed by Section 36(1) of the 1999 Constitution. She maintained that she was not served with the charge sheet, proof of evidence, or any other summons related to the criminal charges against her. Furthermore, she claimed that the courts were misled into issuing several final forfeiture orders due to the suppression or non-disclosure of material facts. According to her, void orders are tantamount to orders never made at all, and these orders infringed upon her constitutional rights to a fair hearing and property.

In response, the EFCC, through a counter affidavit deposed by Rufai Zaki, a detective within the commission, urged the court to dismiss Alison-Madueke’s application. Zaki, who was part of the team investigating the former minister, stated that their investigations had revealed her involvement in criminal activities, leading to her subsequent charge in court under charge number FHC/ABJ/CR/208/2018. The EFCC relied on the charge filed in November 2018 and attached it as Exhibit C in their response.

Refuting Alison-Madueke’s claims, Rufai Zaki cited that the cases leading to the final forfeiture of her contested property were actions in rem, duly heard and decided by the court. He also highlighted the court-ordered publication of notices for parties to show cause. Zaki addressed Alison-Madueke’s legal representation, noting that Nnamdi Awa Kalu had represented her in response to one forfeiture application.

He referenced a judgment by Hon. Justice I.LN. Oweibo dated September 10, 2019, as evidence against her claims. Zaki emphasized that the final forfeiture of the assets in question had been ordered by the court in 2017, with no subsequent overturning on appeal.

Further Insights:
The EFCC’s legal pursuit extends beyond this case, as they have also filed a money laundering suit against Alison-Madueke under FHC/ABJ/CR/208/2018. This case is currently before Justice Mobolaji Olajuwon. In a significant development, Justice Olajuwon issued an arrest warrant against her on January 24, 2022, based on allegations that she had refused to return to Nigeria to stand trial, effectively fleeing to the UK to evade justice.

Additionally, Alison-Madueke faces trial in the UK on charges of receiving an alleged £100,000 bribe. The complex legal battles surrounding Diezani Alison-Madueke’s assets continue to evolve, underscoring the multifaceted nature of this high-profile case.