Former Minister of Petroleum, Diezani Alison-Madueke, on Monday, filed a request at the Federal High Court in Abuja, asking the court to instruct the Economic and Financial Crimes Commission (EFCC) to retrieve her seized assets from the individuals or entities to whom they were sold.
This legal move comes in the wake of a public auction conducted by the EFCC for the sale of her assets, following the agency’s announcement in January 2023.
Through her lawyer, Mike Ozekhome (SAN), Alison-Madueke filed an amended application before Justice Inyang Ekwo, seeking an order to invalidate the public notice that served as the foundation for the auction. She argued that the EFCC’s action violated statutory provisions, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022.
Alison-Madueke further contended that the auction of her assets infringed upon her right to a fair hearing as guaranteed under Section 36(1) of the 1999 Constitution. She asked the court to set aside the final forfeiture orders and restrain the EFCC from further disposal of her properties. Additionally, she requested an extension of time to seek the court’s permission to vacate or set aside the public notice issued by the EFCC.
The EFCC had previously announced that Alison-Madueke’s properties were up for sale between January 9 and January 13, 2023. In response, Alison-Madueke initiated legal action against the commission, arguing that the auction was conducted without her knowledge and was in violation of her rights. In her originating motion filed in January 2023, she requested an extension of time to challenge the public notice and prevent the sale of her assets.
In a counter-affidavit filed on March 14, the EFCC asked the court to dismiss Alison-Madueke’s suit. The EFCC’s litigation officer, Oyakhilome Ekienabor, refuted the claims made by the former minister, arguing that the sale of her properties was done in compliance with final forfeiture orders issued by the Federal High Court in 2019. Ekienabor pointed out that these forfeiture orders had been issued following criminal investigations and proceedings against Alison-Madueke. He emphasized that the court had followed due process, including inviting interested parties to show cause why the assets should not be forfeited.
Ekienabor also stated that Alison-Madueke had legal representation during the forfeiture proceedings, and the final orders were made after considering her counsel’s submissions. He insisted that the EFCC had acted in accordance with the law and that the properties were disposed of based on binding legal decisions.
At the resumed hearing on Monday, Alison-Madueke’s lawyer, Godwin Iyinbor, informed the court that an amended originating motion had been filed and served on the EFCC on February 20. He requested more time to respond to the EFCC’s counter-affidavit, which was filed in mid-March.
Justice Ekwo, noting the prolonged duration of the case, emphasized the importance of expediting the matter. EFCC’s counsel, Divine Oguru, apologized for the delay in responding to the request but assured the court that they would be ready for the next hearing.
The case has been adjourned to March 27, 2025, for further proceedings.
