Former Minister of Petroleum, Diezani Alison-Madueke, has prayed to the Federal High Court in Abuja to order the Economic and Financial Crimes Commission (EFCC) to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets or property.
Diezani, in an amended suit filed by her counsel, Prof. Mike Ozekhome, SAN, before Justice Inyang Ekwo, also sought an order setting aside EFCC’s public notice issued and upon which it conducted the public sale of her property and assets by auction.
The anti-graft agency had, in the public notice, announced the sale of the former minister’s assets beginning from Monday, January 9, 2023 to Friday, January 13, 2023.
Against the announcement, Dieziani had, in the originating motion marked: FHC/ABJ/CS/21/2023, sued the EFCC as sole respondent where-in she sought for an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property, among others.
Meanwhile, on February 17, Justice Ekwo granted Diezani’s request to amend the suit after the motion was moved by Godwin Eyinbor, who appeared for the ex-minister, and the EFCC’s counsel, Divine Oguru, did not oppose it.
When the matter came up on Monday, Eyinbor informed the court that pursuant to the order of the court made on the last adjourned date, an amended originating motion had been filed and served on the EFCC on February 20.
The lawyer, however, said the anti-graft agency served them with their counter affidavit on March 14, prompting his application for an adjournment to enable them to respond to the commission’s process.
Justice Ekwo subsequently adjourned the matter till March 27 for definite hearing.
In the amended suit, Diezani wants the court to declare that the public sale conducted by the EFCC between the said date which affected her property was issued and/or conducted in absolute breach of statutory provisions, particularly the EFCC Act, 2004, the Proceeds of Crime Recovery and Management Act, 2022.
She said it was also in absolute breach of her right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution (as amended), and other similar constitutional and statutory laws.
She sought an order restraining the EFCC from disposing of the said properties listed in the said public notice affecting her proprietary rights as well as an order vacating the public notice issued by the EFCC which was based on various judgments/orders issued in favour of the commission, “as final forfeiture orders made against properties and/or personal effects affecting the proprietary rights of the applicant for want of jurisdiction and lack of fair hearing.”
The ex-minister equally sought an order extending the time within which she may seek leave to apply to the court for an order to vacate, discharge and/or set aside the public notice issued by the commission, among others.
But the EFCC, in its counter affidavit filed on March 14, prayed the court to dismiss the suit.
In the affidavit deposed to by Oyakhilome Ekienabor, a litigation officer in the Law Firm of Messrs Tayo Oyetibo LP, said the depositions in Diezani’s affidavit in some of the paragraphs were untrue.
He said, contrary to the minister’s argument, the sale of the property which previously belonged to her was conducted in execution of the final forfeiture orders of the Federal High Court made “on 9th July, 2019 (Coram Hon. Justice, CA. Obiozor) and 10th September 2019 (Coram Hon. Justice I.N. Oweibo).”
According to Ekienabor, the final forfeiture orders were not made in breach of the applicant’s right to fair hearing as alleged or otherwise adding that, “The cases which led to the final forfeiture of the contested properties were actions in rem, and the decisions made in those cases as touching on the properties are binding on the whole world.
“During the proceedings leading to the final forfeiture orders, the court ordered the respondent to do a newspaper publication inviting any person interested to show cause why the said properties should not be forfeited to the Federal Government.
“Further to the above, one Nnamdi Awa Kalu represented the applicant in reaction to one of the forfeiture applications pursuant to which the order in Exhibit EFCC 2 was made by Oweibo J. on 10th September 2019.
“After considering the submissions made by counsel to the applicant in respect of her ownership of the properties in issue, the court subsequently made the final forfeiture orders in relation to the properties.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside,” he said.
He added that the forfeited property was disposed of in accordance with the due process of law.”
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