Diezani Alison-Madueke, former Minister of Petroleum, has urged the Federal High Court in Abuja to direct the Economic and Financial Crimes Commission (EFCC) to retrieve her seized assets from the buyers who purchased them at public auction.
Alison-Madueke made the request through an amended application filed by her lawyer, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo. She asked the court to order the EFCC to recover her properties from the individuals or entities that acquired them.
The former minister also sought to have the court set aside the EFCC’s public notice, which facilitated the auction of her assets. She argued that the auction violated several 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 infringed upon her constitutional right to a fair hearing under Section 36(1) of the 1999 Constitution (as amended).
Additionally, she sought an order to prevent the EFCC from selling her properties as listed in the public notice and requested the court to vacate the notice issued by the EFCC, which was based on prior judgments and orders in favor of the agency.
Alison-Madueke argued that the final forfeiture orders issued for her properties violated her rights due to a lack of jurisdiction and denial of a fair hearing. She also requested an extension of time to apply for the court’s permission to vacate or set aside the public notice issued by the EFCC.
The EFCC had announced in January 2023 that Alison-Madueke’s assets would be sold between January 9 and 13. In response, she filed legal action against the EFCC, seeking to stop the auction and challenge the public notice.
In a counter-affidavit filed on March 14, the EFCC urged the court to dismiss Alison-Madueke’s suit. Litigation officer Oyakhilome Ekienabor refuted the former minister’s claims and emphasized that the assets were sold in compliance with final forfeiture orders issued by the Federal High Court in 2019. Ekienabor argued that these orders were not a violation of Alison-Madueke’s rights and that the sales were conducted in accordance with due process.
Ekienabor also explained that the EFCC followed proper procedures, including publishing a notice to allow interested parties to contest the forfeiture. He added that Alison-Madueke’s legal representatives had participated in the forfeiture proceedings, with the court ultimately issuing the final orders after considering their submissions.
On February 17, Justice Ekwo allowed Alison-Madueke to amend her suit following a motion by her counsel, Godwin Iyinbor. During Monday’s hearing, Iyinbor informed the court that an amended originating motion had been filed and served on the EFCC on February 20. He requested an adjournment to respond to the EFCC’s counter-affidavit.
Justice Ekwo stressed the importance of expediting the case due to its prolonged duration. The EFCC’s counsel, Divine Oguru, apologized for the delay and assured the court that they would be ready for the next hearing.
The case has been adjourned to March 27 for further proceedings.
