The Federal High Court in Abuja has scheduled May 29 for the hearing of a preliminary objection raised by the Economic and Financial Crimes Commission (EFCC) in a suit filed by former Minister of Petroleum, Diezani Alison-Madueke. The former minister is seeking to reclaim assets that were previously forfeited to the government.
Justice Inyang Ekwo set the date after the EFCC’s counsel, Tayo Oyetibo (SAN), regularized the commission’s legal processes in response to Diezani’s suit. The court also fixed the same date for the substantive hearing of the case.
During proceedings, Oyetibo informed the court that the EFCC had pending procedural matters to address before delving into the substantive case. However, Diezani’s lawyer, Godwin Iyinbor, expressed readiness to proceed immediately, stating, “On our part, we do not have any housekeeping application, but the respondent does. We are ready for hearing.”
Oyetibo proceeded to regularize the counter affidavit filed on March 20, which Diezani’s legal team had already responded to on March 25. He also informed the court of the EFCC’s preliminary objection, dated March 27 and filed that same day, arguing that the suit should be struck out due to lack of jurisdiction. The EFCC contended that Diezani had failed to serve a pre-action notice, a requirement before instituting legal proceedings.
In response, Iyinbor acknowledged receipt of the preliminary objection and requested seven days to file a counter-response. He also demanded costs from the EFCC for the late filing. Justice Ekwo, while granting the request for additional time, warned that any party absent on the next hearing date would have their case deemed as adopted, and their counsel may face personal penalties.
The legal battle centers on Diezani’s attempt to overturn the EFCC’s sale of her forfeited properties. In an amended suit, she has asked the court to order the EFCC to reclaim and return her seized assets that were auctioned to private individuals and entities. She also seeks to nullify the public notice issued by the commission, which facilitated the sale from January 9 to 13, 2023.
The EFCC, however, maintains that the sale was lawful and executed under valid final forfeiture orders issued in 2019 by the Federal High Court. The commission asserts that Diezani’s properties were forfeited following criminal investigations into her tenure as petroleum minister. According to a sworn affidavit by EFCC litigation officer Oyakhilome Ekienabor, court orders leading to the forfeiture were obtained after public notices were issued, giving interested parties an opportunity to contest the forfeiture.
Diezani, through her lawyer Chief Mike Ozekhome (SAN), insists that the EFCC’s actions violated her right to a fair hearing as enshrined in the Nigerian Constitution. She is asking the court to restrain the commission from further disposing of her assets and to set aside the forfeiture orders.
With both parties standing firm on their positions, all eyes are now on the Federal High Court as it prepares to hear arguments on May 29. The outcome of the case could set a significant precedent in Nigeria’s anti-corruption and asset forfeiture landscape.
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