The former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has initiated a process at the Federal High Court Abuja to vacate an order granted to the Economic and Financial Crimes Commission for final forfeiture of her seized assets.
Recall that in 2022, the federal government secured orders for final forfeiture of properties in Nigeria and abroad allegedly linked to the former minister.
The EFCC had planned to conduct a public sale of all assets seized from her beginning January 9, as contained in its public notice, following various court judgments/orders issued in favour of the commission as final forfeiture orders against the property and personal effects of the former minister.
The ex-minister, in the motion marked: FHC/ABJ/CS/21/2023, dated and filed on January 6, by her lawyer, Mr. Mike Ozekhome, before Justice Inyang Ekwo, sought five orders from the court.
While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.
The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”
She said she was not given a fair hearing in all the proceedings leading to the orders.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct a public sale of items contained in the public notice most of which court the interest of the applicant were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” Ozekhome said.
The applicant further said she was not served with the charge sheet and proof of evidence in any of the charges, or with any other summons about the criminal charges pending against her in court.
Besides, she contended that the courts were misled into making several of the final forfeiture orders against her assets through the suppression or non-disclosure of material facts.
Among other things, the former minister prayed the court for an order extending the time within which to seek leave to apply to the court for an order, setting aside the public notice issued by the EFCC to conduct the public sale on her property.
In a supporting affidavit also, the former minister noted that the EFCC planned to conduct a public sale of all forfeited, beginning from January 9 as contained in its public notice following various court judgments/orders issued in favour of the commission as final forfeiture orders against property and personal effects linked to her.
Seeking five reliefs, Alison-Madueke argued among others that she was not heard before the orders for forfeiture were issued, thereby denying her the rights
In its counter affidavit, the EFCC faulted Alison-Madueke’s arguments, noting that, not only was she represented in some of the proceedings, publications were made in the media to alert interested parties about pending forfeiture applications.
An EFCC official, Mr. Rufai Zaki, who claimed to have been part of the team that investigated a case of criminal conspiracy, official corruption and money laundering against Mrs. Allison-Madueke and some others involved in the case, said investigation showed that she was involved in some acts of criminality.
He added that the forfeiture orders made in respect of assets linked with her were issued by the various courts without jurisdiction.
Zaki stated that, following the findings of his team, Mrs. Alison-Madueke was charged before the Federal High court in a charge marked: FHC/ABJ/CR/208/2018.
He said the courts differently ordered the commission to do newspaper publications, inviting interested parties to show cause why the said property should not be forfeited to the Federal Government before final orders were made.
Zaki recalled that one Nnamdi Awa Kalu represented the ex-minister in the hearing of one of such forfeiture applications.
He added that not only was the order for the forfeiture of the effected properties made since 2017, and was not set aside on appeal, the assets in question had since been disposed of through due process of law.
The trial judge, Justice Inyang Ekwo adjourned the matter until May 8 for a hearing.
*With Punch, Channels Television reports
