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Diezani Drags EFCC To Court As Agency Makes Move To Sell Seized Properties

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Former Minister of Petroleum Resources, Diezani Alison-Madueke has dragged the Economic and Financial Crimes Commission (EFCC) before a Federal High Court over the final forfeiture of her seized assets.

Alison-Madueke demanded that the court extend the time within which to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct public sale on her property.

Naija News reports that the EFCC had announced via a public notice that it planned to carry out a public sale of all assets seized from the former minister from January 9 following various court judgments/orders issued in favour of the commission as final forfeiture orders against property and personal effects of the former minister.

However, in the motion marked FHC/ABJ/CS/21/2023 dated and filed Jan. 6 by Alison-Madueke lawyer, Chief Mike Ozekhome, SAN, before Justice Inyang Ekwo, the ex-minister sought five orders from the court.

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She argued that the orders were made without jurisdiction and “ought to be aside ex debito justitiae.”

The former minister insisted that she was not given fair hearing in all the proceedings leading to the orders.

The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct public sale of items contained in the public notice most of which court the interest of the applicant were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.

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She argued that she was neither served with the charge sheet and proof of evidence in any of the charge nor any other summons howsoever and whatsoever in respect of the criminal charges pending against her before the court.

She further argued that the courts were misled into making several of the final forfeiture orders against her assets through suppression or non-disclosure of material facts.

Responding yo the suit, the EFCC in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Alison-Madueke’s application.

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Zaki stated that investigation had clearly shown that she was involved in some acts of criminality.

He said Alison-Madueke was therefore charged before the court in charge no: FHC/ABJ/CR/208/2018.

“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14th November, 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said.

The EFCC operative, who said he had seen the ex-minister’s motion, said most of the depositions were untrue.

He said contrary to her deposition in the affidavit in support, most of the cases which led to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by this honourable court.

He said the courts differently ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the Federal Government, before final orders were made.

Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications.

We humbly rely on the judgment of Hon. Justice I.LN. Oweibo dated 10th September, 2019 shown in Exhibit C of the applicant’s affidavit,” he said.

The officer said that the contrary to her, the final forfeiture of the assets which were subject of the present application was ordered by the court since 2017 and that this was not set aside or upturned on appeal.

According to him, the properties have been disposed off through due process of law.

Upon mentioning the matter on Monday, Alison-Madueke’s counsel, Oluchi Uche, told Justice Ekwo that they were just been served by the EFFC on Friday and they would need time to respond to the counter affidavit.

Farouk Abdullah, who appeared by the anti-graft agency, did not oppose and the judge adjourned the matter until May 8 for hearing.