Former Minister of Petroleum, Diezani Alison-Madueke, has urged the Federal High Court in Abuja to compel the Economic and Financial Crimes Commission to retrieve her seized assets from their buyers.
In an amended application filed through her lawyer, Chief Mike Ozekhome (SAN) before Justice Inyang Ekwo, the former minister argued that the EFCC had unlawfully auctioned her properties without following due process.
She requested the court to set aside the public notice that led to the sale and to declare the auction a violation of 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 forfeiture orders violated her right to a fair hearing under Section 36(1) of the 1999 Constitution (as amended).
She also sought an order restraining the EFCC from further disposal of her properties and an extension of time to challenge the forfeiture process.
The EFCC had announced in a public notice that her assets would be auctioned between January 9 and January 13, 2023, prompting her to initiate legal action against the agency.
However, in a counter-affidavit filed on March 14, EFCC litigation officer, Oyakhilome Ekienabor, urged the court to dismiss her suit.
Ekienabor stated that extensive investigations into Alison-Madueke’s tenure led to criminal proceedings against her, citing charges filed in 2017 and 2018.
He explained that the properties were sold in compliance with final forfeiture orders issued by the Federal High Court on July 9 and September 10, 2019.
“The cases leading to the forfeiture orders were actions in rem, and the decisions are binding on all,” he stated, adding that Alison-Madueke had legal representation during the proceedings.
He noted that the EFCC followed due process, including publishing a public notice inviting interested parties to challenge the forfeiture.
During a previous hearing on February 17, Justice Ekwo granted Alison-Madueke’s request to amend her suit. At the resumed hearing on Monday, her lawyer, Godwin Iyinbor, informed the court that an amended originating motion had been served on the EFCC on February 20.
He requested an adjournment to respond to the commission’s counter-affidavit.
Justice Ekwo, emphasizing the need to expedite the case, noted that it had been pending since 2023.
EFCC’s counsel, Divine Oguru, apologized for the delay in response and assured the court that the agency was ready to proceed at the next hearing.
“We will be ready to go on in the next adjourned date, my lord,” Oguru said.
Justice Ekwo adjourned the matter to March 27 for hearing.
