By Kolawole Ojebisi
The protracted legal tussle between the Economic and Financial Crimes Commission (EFCC) and Diezani Alison-Madueke over assets allegedly acquired during the latter’s time as minister of petroleum took a dramatic twist on Monday.
This is as the former minister urged the Federal High Court in Abuja to order the anti-graft agency to retrieve her seized assets from their buyers.
Allison-Madueke specifically requested that the court direct the anti-graft agency to recover the seized properties from the individuals or entities to whom they were sold.
She made this request through an amended application filed on her behalf by her lawyer, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo.
She sought an order to set aside the EFCC’s public notice, which served as the basis for the public auction of her assets.
She further asked the court to declare the public auction conducted by the EFCC as a violation of statutory provisions, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022.
Alison-Madueke argued that the auction breached her right to a fair hearing as guaranteed under Section 36(1) of the 1999 Constitution (as amended).
Additionally, she sought an order restraining the EFCC from disposing of her properties as listed in the public notice and asked the court to vacate the notice issued by the EFCC, which was based on various judgments and orders in favor of the agency.
She contended that the final forfeiture orders issued against her properties violated her proprietary rights due to a lack of jurisdiction and denial of a fair hearing.
The former minister also requested an extension of time to seek the court’s leave to vacate, discharge, or set aside the public notice issued by the EFCC.
The EFCC had announced in a public notice that Alison-Madueke’s assets were up for sale between January 9 and January 13, 2023.
Following this announcement, Alison-Madueke initiated legal action against the EFCC.
In an originating motion marked FHC/ABJ/CS/21/2023, filed on January 6, 2023, she sought an extension of time to apply for an order to set aside the public notice and prevent the auction of her assets.
However, in a counter-affidavit filed on March 14, the EFCC urged the court to dismiss the suit.
The affidavit, deposed to by litigation officer Oyakhilome Ekienabor, refuted several claims made by Alison-Madueke.
Ekienabor stated that extensive investigations into the former minister’s activities during her tenure had led to criminal proceedings against her in various courts, including the Federal High Court.
He cited charges filed in 2017 and 2018 as part of the evidence against her and explained that the properties were sold in compliance with final forfeiture orders issued by the Federal High Court on July 9, 2019, and September 10, 2019.
According to Ekienabor, these forfeiture orders were not issued in violation of Alison-Madueke’s rights to fair hearing, and the properties were disposed of in accordance with due process.
“The cases leading to the forfeiture orders were actions in rem, and the decisions are binding on all,” he said.
He added that during the forfeiture proceedings, the court had instructed the EFCC to publish a notice inviting interested parties to show cause why the properties should not be forfeited.
“We will be ready to go on in the next adjourned date my lord,” he said
The judge subsequently adjourned the matter to March 27 for hearing.
