A Federal High Court in Abuja on Monday granted former minister of petroleum Diezani Alison-Madueke’s application to amend her lawsuit challenging the forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) for the final forfeiture of her seized assets.
The ruling was delivered by Justice Inyang Ekwo, who approved the application after Alison-Madueke’s lawyer Godwin Inyinbor filed a motion to amend the originating process. EFCC counsel, Divine Oguru, raised no objections to the motion.
Justice Ekwo directed the former minister to file and serve the amended processes within five days, with the EFCC given 14 days from the date of service to respond. The court subsequently adjourned the matter until March 17 for further mention.
The case dates back to allegations of corruption and money laundering against Alison-Madueke during her tenure as petroleum minister between 2010 and 2015 under the administration of former President Goodluck Jonathan. She has been accused of criminal conspiracy, official corruption, and money laundering, leading to court orders for the forfeiture of her assets.
The EFCC had obtained a final forfeiture order on several properties and funds linked to the former minister, which the anti-graft agency alleged were proceeds of crime. The forfeited assets reportedly included $153 million and over 80 properties. The commission began auctioning some of the seized properties in January 2023, following court orders granting permanent forfeiture to the Federal Government.
Alison-Madueke, who is currently in the United Kingdom, has maintained her innocence and alleged a lack of due process in the forfeiture proceedings.
In her suit, marked FHC/ABJ/CS/21/2023, Diezani seeks an extension of time to apply for the setting aside of the EFCC’s public notice announcing the sale of her seized assets. She contends that the forfeiture orders were made without jurisdiction and that her right to a fair hearing was violated.
“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 argued.
She further alleged that the EFCC misled the courts by suppressing material facts during the proceedings that led to the forfeiture orders. She argued that she was neither served with the charge sheet nor any summons regarding the criminal charges pending against her.
The EFCC, through a counter-affidavit deposed by one of its detectives, Rufai Zaki, refuted Diezani’s claims. The commission insisted that due process was followed, and notices were published inviting any interested parties to show cause why the assets should not be forfeited.
The EFCC argued that Diezani’s assets were lawfully forfeited after she failed to challenge the proceedings in court. The anti-corruption agency stated that the forfeited properties had already been disposed of through legal means and that Diezani’s application lacked merit.
Zaki added that contrary to Diezani’s assertions, her legal representative had participated in some of the forfeiture proceedings.
The case is one of several legal battles involving Alison-Madueke. In a separate suit, she is seeking N100 billion in compensation for alleged defamatory publications by the EFCC.
With the court granting Diezani’s request to amend her suit, the case will resume on March 17 for further mention.
