Diezani sues EFCC over forfeited assets

Former Minister of Petroleum Resources, Diezani Alison-Madueke, has asked the Federal High Court in Abuja to vacate the order obtained by Economic and Financial Crimes Commission (EFCC) for the final confiscation of the seized assets.

Diezani, in her suit, sought an order extending the time to seek permission to apply to the court for an order to set aside the EFCC’s public notice issued to carry out a public sale on her property.

The News Agency of Nigeria (NAN) reports that the anti-corruption agency has planned to hold a public sale of all assets seized as a result of the crime which the court ordered to be permanently forfeited to the federal government.

The auction exercise conducted on the seized assets believed to include Diezani’s property began on January 9.

But in a motion marked: FHC/ABJ/CS/21/2023 dated and filed in court on January 6 by his lawyer, Mike Ozekhome, a Senior Advocate of Nigeria (SAN), the former minister sought five orders from the court.

PREMIUM TIMES reports the EFCC chairman, Abdulrasheed Bawa, said in May that $ 153 million and over 80 properties have recovered from Diezani.

Diezani is believed to have escaped to Britain and remained there after he quit public office as petroleum minister and an office he held between 2010 and 2015 under former President Goodluck Jonathan’s administration.

The former minister has defied court summons to settle allegations of corruption in Nigeria.

But he is now seeking to recover his assets that have been seized through non-conviction proceedings.

Diezani is the applicant and the EFCC is the sole respondent in the suit filed before a judge, Inyang Ekwo, of the Federal High Court in Abuja.

Argument

The former minister, who argued that the various orders were made without jurisdiction, said these “must be set aside ex debito justitiae.”

He said he was not given a fair hearing in the entire process that led to the order.

“Various court orders that were issued to the respondent and where the respondent issued a public notice to conduct the sale of goods contained in the public notice that most of the petitioner’s interests were issued by the court in violation of the petitioner’s right to justice. The trial guaranteed by Article 36 (1) of the 1999 Constitution , as amended, and other similar constitutional provisions,” he said.

He said he was not served with the charge sheet and evidence in any of the charges or any other summons regarding the criminal charges pending against him in court.

He further asserted that the court erred in making several final confiscation orders against his assets through suppression or non-disclosure of material facts.

“Some of the applications made by the court so that the final judgment for confiscation against the applicant was obtained due to misrepresentation, misrepresentation, non-disclosure, concealment and suppression of material facts and this honorable court has the power to set aside the same ex debito justitiae. , is an order that does not valid as if it had never been made.

“The order was made without exercising the constitutional right to a fair hearing and the right to property granted to the applicant by the constitution.

“The petitioner was never served with the court process in the entire process that led to the final confiscation order,” he said, among other reasons.

EFCC counter suit

But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Diezani’s application.

Mr. Zaki, who is a member of the team investigating the case of criminal conspiracy, official corruption and money laundering against the former minister and some other people involved in the case, said that the investigation has clearly shown that he was involved in some actions. criminality.

He said that Diezani was prosecuted in the accountability court no: FHC/ABJ/CR/208/2018.

“We hereby rely on the allegation FHC/ABJ/CR/208/2018 dated November 14, 2018 filed before this honorable court and also attached as Exhibit C to the petitioner’s affidavit,” he said.

EFCC operatives, who said they were looking into the ex-minister’s movements, said most of the depositions were untrue.

He said that contrary to the deposition in the affidavit for support, most of the cases that led to the final confiscation of the contested property “acted in the brakes, they were heard at various times and determined by this honorable court.”

He said different courts ordered the commission to make a newspaper publication inviting parties to show cause why the property should not be handed over to the Federal Government, before a final order is made.

Mr. Zaki confirmed that one Nnamdi Awa Kalu represented the former minister in reaction to one of the forfeiture applications.

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

The officer said on the contrary, the last confiscation of the assets subject to the current application was ordered by the court from 2017 and this was not set aside or canceled on appeal.

According to him, the property has been disposed of through legal process.

After mentioning the matter on Monday, Diezani’s counsel, Oluchi Uche, told Mr. Ekwo that he was only served by the EFFC on Friday and that he needed time to respond to the counter affidavit.

Farouk Abdullah, who appeared before the anti-corruption agency, pleaded no contest and the judge adjourned the matter to May 8 for hearing.

(AT)