Former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has asked the Federal High Court in Abuja to stop the Economic and Financial Crimes Commission (EFCC) from selling her seized properties. She also urged the court to order the EFCC to recover any properties it had already sold to individuals or companies.
Diezani, who filed the suit through her lawyer, Chief Mike Ozekhome, SAN, accused the anti-graft agency of violating her fundamental right to a fair hearing by proceeding with the sale of her assets without giving her a chance to defend herself.
EFCC Violated My Rights – Diezani
The former minister argued that the EFCC had no legal basis to auction her properties, as she was never formally charged with a crime nor served with any court summons. She claimed the agency obtained forfeiture orders against her through deception and concealment of facts.
“In many cases, the final forfeiture orders were made against properties which affected the Applicant’s interest. The courts were misled into making the final orders based on suppression or non-disclosure of material facts,” Diezani’s lawyers told the court.
She further argued that the forfeiture orders were issued by courts that lacked the necessary jurisdiction, and that the process ignored her constitutional right to a fair hearing.
“The Applicant did not have any access to newspapers circulating within Nigeria during this period as she was not in Nigeria at all material times relevant to this suit,” she said, explaining that she had been outside the country for medical treatment since 2015.
Diezani also pointed out that the EFCC claimed her properties were proceeds of unlawful activities, yet no court had ever convicted her of any crime.
“A mere allegation by the Respondent (EFCC) that the act or action of the Applicant constituted unlawful activities will not suffice in the circumstance,” she added.
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EFCC Defends Its Actions
The EFCC, however, opposed Diezani’s suit, arguing that all procedures were followed before the properties were sold. In a counter-affidavit, an EFCC investigator, Oyakhilome Ekienabor, stated that the anti-graft agency had conducted thorough investigations into Diezani’s activities as a public official and initiated criminal proceedings against her in various courts.
The EFCC cited two cases:
– A suit filed in November 2018 at the Federal High Court, marked FHC/ABJ/CR/208/2018.
– Another charge filed in July 2017 at the Adamawa State High Court, marked HC/ADYL/56c/2017.
The commission maintained that the sale of the properties followed final forfeiture orders issued by Justice C.A. Obiozor on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019.
“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 EFCC stated.
It also claimed that before the assets were auctioned, public notices were published in newspapers inviting anyone with an interest in the properties to come forward and show cause.
Court Adjourns Case
At Monday’s hearing, Diezani’s lawyer, Godwin Iyibor, requested more time to respond to the EFCC’s counter-affidavit, which he said was only served on him on March 14.
On the other hand, the EFCC’s lawyer, Divine Okoro, explained that the commission faced difficulties that prevented it from filing its response within the 14-day deadline.
Justice Inyang Ekwo, after listening to both parties, adjourned the case to March 27 for a final hearing. He warned that since the case had been pending since 2023, the court would not entertain any further delays.
Diezani’s Defamation Suit Against EFCC
Meanwhile, Diezani has also filed a N100 billion defamation lawsuit against the EFCC, accusing the agency of publishing materials that portrayed her as a treasury looter.
In the case marked CV/6273/2023, she claimed the EFCC’s actions had subjected her to “public ridicule, odium, contempt, derision, and obloquy.”