A former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has filed an application seeking to amend a lawsuit challenging the final forfeiture of her seized assets. The motion, which was heard on Thursday, November 21, 2024, at the Federal High Court in Abuja, is part of ongoing legal proceedings involving the Economic and Financial Crimes Commission (EFCC). Alison-Madueke is contesting the forfeiture of her assets, which were seized in connection with allegations of corruption, money laundering, and official misconduct.
During Thursday’s hearing, Alison-Madueke’s legal counsel, Godwin Iyinbor, representing Prof. Mike Ozekhome’s chambers, informed the court that they had received processes from the EFCC and had filed a further affidavit in response. Iyinbor also indicated that a motion had been filed to amend their previous submissions, which had already been duly served to the EFCC.
The case, initially set for October 7, 2024, had been adjourned to November 21 due to the absence of the presiding judge, Justice Inyang Ekwo, who was attending a seminar at the National Judicial Institute in Abuja. Diezani’s legal team had filed the suit earlier in 2023, seeking the court’s intervention to prevent the public sale of her property, which the EFCC intended to auction as part of the asset forfeiture process.
Diezani, through her lawyer, Prof. Ozekhome, had filed the suit marked: FHC/ABJ/CS/21/2023, on January 6, 2023. In the lawsuit, she argued that the orders leading to the forfeiture of her properties were issued without proper jurisdiction and should be set aside by the court. According to her legal team, Diezani was not served with the relevant court documents, including the charge sheet and proof of evidence, for the criminal charges against her. She contended that the courts had been misled into issuing forfeiture orders due to a lack of transparency, including the suppression or non-disclosure of critical information.
In a statement, Diezani emphasized that “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 argued that these actions were unlawful and that the forfeiture orders should be overturned, as a void order is equivalent to one that was never made.
Additionally, Diezani maintained that she had been denied a fair hearing throughout the process that led to the forfeiture of her assets. “The orders were made without recourse to the constitutional right to a fair hearing and right to property accorded the applicant by the constitution,” she stated, stressing that she had not been served with court documents in any of the forfeiture proceedings.
The EFCC, however, responded with a counter-affidavit filed by Mr. Rufai Zaki, a detective with the commission. Zaki, who was involved in the investigation of Diezani’s alleged crimes, argued that the former minister’s application should be dismissed. According to Zaki, the investigation revealed substantial evidence of criminal conduct, including conspiracy, corruption, and money laundering, linking Diezani to illicit activities.
Zaki’s affidavit, filed in opposition to Diezani’s claims, highlighted a judgment from Justice I.L.N. Oweibo dated September 10, 2019, which showed that the forfeiture of Diezani’s assets had been ordered following due legal process. Zaki pointed out that several hearings on the matter had been conducted in open court, with appropriate public notices given to all interested parties, including the former minister.
In his deposition, Zaki noted that the final forfeiture orders were made in 2017 and were not overturned on appeal. He confirmed that the contested properties had already been disposed of through legal channels. Furthermore, he presented evidence that some of the contested properties had been sold or transferred in accordance with the court’s final orders, reinforcing the legitimacy of the EFCC’s actions.
The controversy surrounding Diezani Alison-Madueke’s assets began after she left office as the Minister of Petroleum Resources in 2015. Following her departure, the EFCC initiated investigations into allegations of embezzlement and corruption. The agency claimed to have recovered over $153 million and seized more than 80 properties belonging to the former minister, who is believed to have fled to the United Kingdom after her tenure. Diezani’s case remains one of the most high-profile corruption investigations in Nigerian history.
