Former Petroleum Minister Diezani Alison-Madueke on Monday asked a Federal High Court in Abuja to stop the Economic and Financial Crimes Commission (EFCC) from auctioning her seized properties, arguing that the anti-graft agency violated her right to a fair hearing.
In an amended application filed through her lawyer, Mike Ozekhome, Diezani also urged the court to order the EFCC to recover any of her properties already sold. Justice Inyang Ekwo is presiding over the case.
Diezani, who served as petroleum minister from 2010 to 2015, insists she was never given a chance to defend herself before her assets were confiscated. She argues that, despite the EFCC’s claims of a final forfeiture order, she was never served with criminal charges or any summons related to the matter.
She accused the commission of misleading the courts into granting forfeiture orders through “misrepresentations, non-disclosure, and suppression of material facts.”
“In many cases, the final forfeiture orders were made against properties which affected the applicant’s interest,” her application stated. “The courts were misled into making the final order of forfeiture against the applicant based on suppression or non-disclosure of material facts.”
Diezani also pointed out that she has been outside Nigeria since 2015, seeking medical treatment, and was not aware of the legal proceedings that led to the forfeitures. She argued that the orders were issued without proper jurisdiction or adherence to her constitutional right to a fair hearing.
“The applicant did not have any access to newspapers circulating within Nigeria during this period as she was not in Nigeria at all material times relevant to this suit,” her lawyers argued.
The EFCC, however, has challenged the competence of Diezani’s application. In a counter-affidavit deposed by litigation officer Oyakhilome Ekienabor, the agency insisted that due process was followed and that the final forfeiture orders remain valid.
“The forfeited properties were disposed of in accordance with the due process of law,” Ekienabor stated, adding that Diezani had legal representation in at least one of the proceedings before the final order was issued.
During Monday’s hearing, Diezani’s counsel, Godwin Iyibor, requested more time to respond to the EFCC’s counter-affidavit, which he said was only served on March 14. Justice Ekwo acknowledged the delay in the case, which has been ongoing since 2023, and urged both parties to be ready to proceed.
The EFCC’s counsel, Divine Oguru, apologized for the delay and assured the court of readiness at the next hearing.
“We will be ready to go on in the next adjourned date, my lord,” he said.
Justice Ekwo adjourned the matter to March 27 for hearing.
