…Wants court to vacate order granted to EFCC for final forfeiture of seized assets
Former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, has filed a legal action before the Federal High Court in Abuja, asking it to vacate an order granted to the Economic and Financial Crimes Commission (EFCC) for final forfeiture of her seized assets.
Diezani, in an originating motion, sought 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.
The anti-corruption agency had planned to conduct a public sale of all assets seized from Diezani from January 9, as contained in its public notice following various court judgments or orders issued in favour of the commission as final forfeiture orders against property and personal effects of the former minister.
But in the motion marked: FHC/ABJ/CS/21/2023 and filed on January 6 by her lawyer, Mike Ozekhome (SAN) before Justice Inyang Ekwo, the ex-minister is seeking for five orders from the court.
While Diezani is the applicant, the EFCC is the sole respondent in the suit.
The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”
She said, “The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct public sale of items contained in the public notice most of which court the interest of the applicant 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 that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons, claiming that “the orders were made without recourse to the constitutional right to a fair hearing and right to property accorded the applicant by the constitution.”
But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Diezani’s application.
Zaki, a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister, said the investigation had clearly shown involvement in the alleged crimes.
The EFCC operative said most of the ex-minister’s depositions were untrue, noting that most cases leading to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by the high court.”
When the matter came up on Monday, lawyer to Diezani, Oluchi Uche, told the court that the EFCC had just served them on Friday and they would need time to respond to the counter affidavit.
Farouk Abdullah, who appeared for the anti-graft agency, did not oppose the request.
Justice Ekwo later adjourned the matter till May 8 for further hearing.
