WorldStage Newsonline– Former Minister of Petroleum, Diezani Alison-Madueke, has prayed the Federal High Court in Abuja to order the Economic and Financial Crime Commission (EFCC) to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets or property.
Diezani, in an amended suit filed by her lawyer, Chief Mike Ozekhome, SAN, before Justice Inyang Ekwo, also sought an order setting aside the commission’s public notice issued and upon which it conducted the public sale by auction.
The anti-graft agency had, in the public notice, announced the sale of the former minister’s assets beginning from Monday, Jan. 9, 2023 to Friday, Jan. 13, 2023.
Against the announcement, the ex-minister had, in the originating motion marked: FHC/ABJ/CS/21/2023, sued the EFCC as sole respondent.
In the suit dated and filed on Jan. 6, 2023 by Ozekhome, she sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property, among others.
Meanwhile, on Feb 17, Justice Ekwo granted Diezani’s request to amend the suit after the motion was moved by Godwin Iyinbor, who appeared for the ex-minister, and the EFCC’s counsel, Divine Oguru, did not oppose it.
Upon resumed hearing on Monday, Iyinbor informed the court that pursuant to the order of the court made on the last adjourned date, an amended originating motion had been filed and served on the EFCC on Feb. 20.
The lawyer, however, said that the anti-graft agency served them with their counter affidavit on March 14, prompting his application for an adjournment to enable them respond to the commission’s process.
Justice Ekwo, however, reminded Iyinbor of the time the suit had taken since it was filed in 2023.
Oguru, who represented the EFCC, apologised for the delay in responding to the plaintiff’s originating motion.
“We will be ready to go on in the next adjourned date my lord,” he said
The judge subsequently adjourned the matter until March 27 for hearing.
The amended suit, Diezani wants the court to declare that the public sale conducted by the EFCC between the said date which affected her proprietary were issued and/or conducted in absolute breach of statutory provisions, particularly the EFCC Act, 2004, the Proceeds of Crime Recovery and Management) Act, 2022.
She said it was also in absolute breach of her right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution (as altered), and other similar constitutional and statutory.
She sought an order restraining the EFCC from disposing of the said properties listed in the said public notice affecting the proprietary rights of the applicant.”
She also wants the court to make an order vacating the public notice issued by the EFCC which was based on various judgments/orders issued in favour of the commission “as final forfeiture orders made against properties and/or personal effects affecting the proprietary rights of the applicant for want of jurisdiction and lack of fair hearing.”
The ex-minister equally sought an order extending the time within which she may seek leave to apply to the court for an order to vacate, discharge and/or set aside the public notice issued by the commission, among others.
But the EFCC, in its counter affidavit dated and filed on March 14, prayed the court to dismissed the suit.
In the affidavit deposed to by Oyakhilome Ekienabor, a litigation officer in the Law Firm of Messrs Tayo Oyetibo LP, said the depositions in Diezani’s affidavit in some of the paragraphs were untrue.
He said following extensive investigations into Diezani’s activities while she was a public officer, criminal proceedings commenced against her in various courts including the Federal High Court.
“These include charge No. FHC/ABJ/CR/208/2018 filed on 14th November, 2018, and Charge No. HC/ADYL/56c/2017 filed on 11th July, 2017 before the High Court of Adamawa State both of which are part of the bundle of documents attached as Exhibit C to the applicant’s affidavit.
He said contrary to the former minister’s argument, the sale of the property which previously belonged to her was conducted in execution of the final forfeiture orders of the FHC made “on 9th July, 2019 (Coram Hon. Justice, CA. Obiozor) and 10th September 2019 (Coram Hon. Justice I.N. Oweibo).”
According to Ekienabor, the final forfeiture orders were not made in breach of the applicant’s right to fair hearing as alleged or otherwise.
“The cases which led to the final forfeiture of the contested properties were actions in rem, and the decisions made in those cases as touching on the properties are binding on the whole world.
“During the proceedings leading to the final forfeiture orders, the court ordered the respondent to do a newspaper publication inviting any person interested to show cause why the said properties should not be forfeited to the Federal Government.
“Further to the above, one Nnamdi Awa Kalu represented the applicant in reaction to one of the forfeiture applications pursuant to which the order in Exhibit EFCC 2 was made by OWEIBO, J. on 10th September, 2019.
“After considering the submissions made by counsel to the applicant in respect of her ownership of the properties in issue, the court subsequently made the final forfeiture orders in relation to the properties.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside,” he said.
Ekienabor said the forfeited property were disposed of in accordance with the due process of law.
