Former Petroleum Minister Diezani Alison-Madueke has launched a legal battle against the Economic and Financial Crimes Commission (EFCC), seeking to stop the auction of her seized properties. She argues that the anti-graft agency violated her right to a fair hearing and misled the courts into granting forfeiture orders.
In an amended application before the Federal High Court in Abuja, filed through her lawyer Mike Ozekhome, Diezani also urged the court to compel the EFCC to recover any properties already sold. Justice Inyang Ekwo is presiding over the case.
Claims of Court Manipulation and Lack of Due Process
Diezani, who served as petroleum minister from 2010 to 2015, insists that she was never properly notified before her assets were confiscated. She contends that, despite the EFCC’s claims of a final forfeiture order, she was not served with any criminal charges or summons regarding the matter.
She further accused the commission of securing forfeiture orders through “misrepresentations, non-disclosure, and suppression of material facts.”
“In many cases, the final forfeiture orders were made against properties which affected the applicant’s interest,” the court filing stated. “The courts were misled into making the final order of forfeiture against the applicant based on suppression or non-disclosure of material facts.”
Diezani’s legal team also pointed out that she has been outside Nigeria since 2015 for medical treatment and was unaware of the proceedings that led to the asset seizures. They argue that the forfeiture orders were issued without proper jurisdiction or adherence to her constitutional right to a fair hearing.
EFCC Insists Forfeitures Were Lawful
The EFCC has dismissed Diezani’s claims, maintaining that all procedures were followed correctly. In a counter-affidavit, litigation officer Oyakhilome Ekienabor argued that the forfeiture orders remain valid and that the properties were disposed of lawfully.
“The forfeited properties were disposed of in accordance with the due process of law,” Ekienabor stated, adding that Diezani had legal representation in at least one of the proceedings before the final forfeiture order was issued.
During Monday’s hearing, Diezani’s lawyer, Godwin Iyibor, requested more time to respond to the EFCC’s counter-affidavit, which was only served on March 14. Justice Ekwo, acknowledging the delays in the case since 2023, urged both parties to prepare for the next hearing.
The EFCC’s counsel, Divine Oguru, apologized for the delays and assured the court of their readiness.
“We will be ready to go on in the next adjourned date, my lord,” Oguru said.
Justice Ekwo adjourned the case to March 27 for hearing.