A Federal High Court in Abuja has granted a request by former Petroleum Minister, Diezani Alison-Madueke, to amend her lawsuit challenging the Economic and Financial Crimes Commission’s (EFCC) final forfeiture order on her seized assets.
Justice Inyang Ekwo approved the application after Diezani’s lawyer, Godwin Inyinbor, presented the motion, which was unopposed by EFCC’s counsel, Divine Oguru.
During the hearing, Inyinbor informed the court that they had already filed a motion to amend their originating process and that the defendant had been properly served. Since Oguru did not object, Justice Ekwo granted the request as prayed.
The judge instructed Diezani to file and serve the amended documents within five days while giving the EFCC 14 days to respond. The case was adjourned to March 17 for further mention.
On November 21, 2024, Justice Ekwo had scheduled the hearing for the motion seeking to amend the originating process. The former minister had filed the suit with the EFCC as the sole respondent, arguing that the agency lacked the jurisdiction to obtain the forfeiture orders against her properties.
In a motion dated January 6, 2023, Diezani sought an extension of time to apply for an order setting aside the EFCC’s public notice regarding the sale of her assets. She contended that the orders were granted without jurisdiction and should be nullified.
She further argued that she was denied a fair hearing in the proceedings leading to the forfeiture orders. According to her, the court rulings violated Section 36(1) of the 1999 Constitution, which guarantees the right to a fair trial.
Diezani stated that she was never served with any charge sheet, proof of evidence, or summons related to the criminal allegations against her. She claimed that the EFCC misled the courts by withholding key facts, leading to the forfeiture orders against her properties.
“The forfeiture orders were granted based on misrepresentations, suppression, and non-disclosure of critical facts,” she argued. “A void order is legally non-existent and should be set aside in the interest of justice.”
The former minister insisted that the orders were made without considering her constitutional rights to fair hearing and property ownership. She maintained that she was never served with legal documents during the proceedings that led to the asset forfeiture.
In a counter-affidavit, EFCC operative Rufus Zaki urged the court to dismiss Diezani’s application. He stated that investigations into allegations of criminal conspiracy, corruption, and money laundering had proven her involvement in financial misconduct.
Zaki pointed out that the former minister was charged in case number FHC/ABJ/CR/208/2018. He also argued that the forfeiture orders were based on legal proceedings in rem (against the property itself) and were duly adjudicated.
He noted that the court had directed the EFCC to publish notices inviting interested parties to challenge the forfeiture before issuing the final order. According to him, one Nnamdi Awa Kalu represented Diezani in one of the forfeiture cases.
Citing a judgment delivered by Justice I.L.N. Oweibo on September 10, 2019, Zaki dismissed Diezani’s claim of unfair treatment. He added that the final forfeiture orders were issued in 2017 and were never overturned on appeal.
The EFCC had secured court orders to permanently forfeit Diezani’s assets, including $153 million and over 80 properties, to the federal government. The commission initiated a public auction of these assets on January 9, 2023.
Diezani, who served as Petroleum Minister from 2010 to 2015 under President Goodluck Jonathan’s administration, has remained in the United Kingdom since leaving office. The asset-related lawsuit is separate from her N100 billion defamation claim against the EFCC over alleged libelous publications.
The legal battle continues as both parties prepare for the next hearing scheduled for March 17.
