Court sets date to hear ex-minister Diezani’s suit contesting sale of seized assets
Former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has urged the Federal High Court in Abuja to halt the Economic and Financial Crimes Commission (EFCC) from selling off her seized properties.
In a lawsuit filed through her legal team, led by Mike Ozekhome, SAN, Diezani also requested the court to order the EFCC to recover any properties already auctioned to individuals or corporate entities.
She alleged that the anti-graft agency, in violation of her fundamental right to a fair hearing, proceeded with the sale of assets linked to her based on forfeiture orders obtained from various courts.
According to the former minister, she was never served with formal charges, proof of evidence, or court summons before the forfeiture rulings were issued. She accused the EFCC of misleading the courts through misrepresentation and suppression of material facts.
“In many cases, the final forfeiture orders were obtained through gross misstatements, concealment, and non-disclosure of material facts. The courts were misled into granting these orders against my properties,” she argued.
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Diezani further contended that the courts which granted the forfeiture orders lacked jurisdiction and failed to consider her constitutional right to a fair hearing.
The applicant has insisted that she was never served with the relevant court processes in the proceedings leading to the final forfeiture of her assets.
She argued that the Economic and Financial Crimes Commission (EFCC) was fully aware that she had been outside Nigeria for medical treatment since 2015.
“The applicant had no access to newspapers circulating within Nigeria during this period, as she was not in the country at any material time relevant to this suit,” her counsel stated.
She further told the court that despite the EFCC’s claims that her seized properties were proceeds of alleged unlawful activities, she has never been convicted of any crime to justify the forfeiture.
“The courts granted the final forfeiture order in a matter purportedly linked to criminal activities—despite the absence of any conviction—using the civil standard of preponderance of evidence rather than the strict proof required in criminal trials or civil proceedings involving allegations of crime,” she argued.
She contended that only a court of law could declare an act unlawful, and no such ruling had been made against her.
“A mere allegation by the Respondent (EFCC) that the Applicant’s actions constituted unlawful activities is insufficient in the circumstances,” she added.
The Applicant also informed the court that she has three pending lawsuits against the EFCC in Lagos.
She maintained that, since the forfeiture orders are being contested, no valid sale of the properties can take place, as such actions would ultimately be rendered void.
In response, the EFCC filed a counter-affidavit challenging the suit’s competence.
One of its detectives, Oyakhilome Ekienabor, stated in the affidavit that extensive investigations had been conducted into the Applicant’s activities as a public official, leading to multiple criminal proceedings against her in various courts.
The commission cited cases such as Suit No. FHC/ABJ/CR/208/2018, filed in November 2018, and Charge No. HC/ADYL/56c/2017, filed on July 1, 2017, before an Adamawa State High Court.
The EFCC maintained that the sale of properties formerly owned by the Applicant was carried out in execution of final forfeiture orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019.
It further informed the court that, prior to the forfeiture, public notices were published in newspapers, inviting interested parties to challenge the process.
“The final forfeiture orders, under which the properties were sold, remain in force and have not been overturned. The assets were disposed of in accordance with due legal process,” the EFCC asserted.
At the resumed hearing, the Applicant’s lawyer, Mr. Godwin Iyibor, requested additional time to respond to the EFCC’s counter-affidavit, which he said was only served on him on March 14.
Meanwhile, EFCC’s counsel, Mr. Divine Okoro, explained that the commission faced certain difficulties that prevented it from filing within the allotted 14-day period.
Justice Inyang Ekwo subsequently adjourned the matter to March 27 for a definite hearing.
He also warned that, given the case had been pending since 2023, the court would no longer entertain further delays from either party.
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