ENUGU, Nigeria (VOICE OF NAIJA)- Justice Inyang Ekwo of the Federal High Court in Abuja has granted an application by former Minister of Petroleum, Diezani Alison-Madueke, to amend her suit challenging the final forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) against her seized assets.
According to Channels Television, the ruling came after Diezani’s lawyer, Godwin Inyinbor, moved the motion, which was unopposed by the EFCC’s counsel, Divine Oguru.
At the hearing, Inyinbor informed the court that a motion for the amendment of their originating process had already been filed and duly served on the defendant.
With no objections from Oguru, Justice Ekwo approved the amendment as requested by Diezani.
The judge gave former Minister five days to file and serve the amended processes, while the anti-graft agency was granted 14 days from the date of service to respond.
The case was later adjourned until March 17 for further mention.
Initially, Justice Ekwo had set February 17 for hearing the amendment motion after a previous decision on November 21, 2024.
Diezani had earlier sued the EFCC as the sole respondent, seeking an order to extend the time for applying to set aside the agency’s public notice regarding the sale of her confiscated assets.
In a motion dated January 6, 2023, she requested five specific orders, arguing that the various forfeiture rulings were issued without jurisdiction and should be nullified ex debito justitiae (as a matter of justice).
She claimed that she was denied a fair hearing in the legal proceedings that led to the forfeiture orders, stating:
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“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, as altered, and other similar constitutional provisions”, she said.
According to Diezani, she was neither served with the charge sheet nor the proof of evidence in any of the pending criminal cases against her.
She also accused the EFCC of misleading the courts into granting forfeiture orders through the suppression or non-disclosure of material facts.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment, and suppression of material facts,” she added.
She further argued that the court has the authority to overturn such orders, asserting that any order obtained in violation of constitutional rights is legally void.
In response, the EFCC, through an affidavit deposed by detective Rufus Zaki, urged the court to dismiss Diezani’s application.
Zaki, a member of the investigative team probing alleged criminal conspiracy, corruption, and money laundering involving Diezani and others, insisted that the investigation had confirmed her involvement in criminal acts.
He referenced charge number FHC/ABJ/CR/208/2018, filed against her on November 14, 2018.
“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14 November 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” Zaki stated.
He dismissed Diezani’s claims, arguing that the forfeiture proceedings followed due process.
He also asserted that the cases leading to the final forfeiture orders were actions in rem (directed against the property itself) and that public notices were issued, inviting interested parties to contest the forfeiture before the courts made final rulings.
Zaki also pointed out that a lawyer, Nnamdi Awa Kalu, had represented Diezani in one of the forfeiture proceedings.
“We humbly rely on the judgment of Hon. Justice I.L.N. Oweibo dated 10th September 2019 shown in Exhibit C of the applicant’s affidavit”, he added.
He maintained that the forfeiture orders in question were made in 2017 and had not been overturned on appeal. Furthermore, he stated that the confiscated properties had already been lawfully disposed of.
Meanwhile, the EFCC had planned a public auction of all assets seized as proceeds of crime, including properties linked to Diezani, following court rulings ordering their permanent forfeiture to the Federal Government.
The auctioning process began on January 9, 2023.
A former EFCC chairman, Abdulrasheed Bawa, had previously disclosed that the commission recovered $153 million and over 80 properties from the former minister.
Diezani, who served as Nigeria’s Minister of Petroleum between 2010 and 2015 under former President Goodluck Jonathan, is also facing a separate lawsuit seeking N100 billion in compensation over alleged defamatory publications by the EFCC.
She is believed to have relocated to the United Kingdom following her tenure in office, where she remains to date.