A Federal High Court in Abuja, presided over by Justice Inyang Ekwo, has postponed the hearing of a motion filed by former Petroleum Minister Diezani Alison-Madueke. The motion, which seeks to amend the originating process in her legal dispute with the Economic and Financial Crimes Commission (EFCC), will now be heard on February 17, 2025.
Represented by her counsel, Professor Mike Ozekhome (SAN), Alison-Madueke filed the suit marked FHC/ABJ/CS/21/2023, requesting additional time to apply for an order setting aside the EFCC’s public notice regarding the sale of her assets. She contends that the forfeiture orders underpinning the EFCC’s actions were issued without proper jurisdiction and violated her constitutional right to fair hearing under Section 36(1) of the 1999 Constitution.
Diezani’s Claims and Legal Arguments
In her application, Alison-Madueke argued that she was denied a fair hearing in the proceedings leading to the asset forfeiture orders. She stated that the courts had been misled through the suppression or non-disclosure of critical information, resulting in rulings that violated her rights to property and due process. Furthermore, she maintained that she was not served with the necessary legal documents, including the charge sheet, proof of evidence, or summons.
“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 asserted.
Her legal team is seeking five court orders, including the annulment of the EFCC’s public notice announcing the sale of her assets.
EFCC’s Counterarguments
The EFCC has denied Alison-Madueke’s claims, asserting that the forfeiture proceedings were conducted in compliance with due process. In a counter affidavit, the EFCC stated that notices were published in newspapers, inviting interested parties to contest the forfeiture before final orders were granted.
Counsel to the EFCC, Rufai Zaki, argued that most of the cases leading to the contested forfeiture orders were actions in rem—legal proceedings against the property itself rather than the individual. Zaki further claimed that Alison-Madueke was represented in at least one of the forfeiture applications by counsel Nnamdi Awa-Kalu, refuting her assertion of being uninformed about the proceedings.
Background of the Dispute
The EFCC had issued a public notice on January 9, 2023, announcing the sale of assets seized from Alison-Madueke. According to the anti-graft agency, the properties were tied to investigations of alleged criminal conspiracy, corruption, and money laundering involving the former minister.
However, Alison-Madueke maintains that the forfeiture orders were obtained unjustly, citing misrepresentation and suppression of material facts during the proceedings. She emphasized that the court has the power to annul such orders, which she claims are void ab initio.
Next Steps
During the resumed hearing, Justice Ekwo inquired whether the EFCC had been served with Alison-Madueke’s motion to amend her processes. Her counsel confirmed service but noted the EFCC’s absence at the session. Consequently, the court adjourned the matter until February 17, 2025, for the hearing of the motion.
This legal battle continues to unfold as Alison-Madueke seeks to reclaim assets she alleges were wrongfully seized, while the EFCC maintains its stance on the legitimacy of the forfeiture orders.
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