Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, fixed May 29 for the hearing of the Economic and Financial Crimes Commission (EFCC) preliminary objection in a suit filed by former Minister of Petroleum, Diezani Alison-Madueke, to reclaim her forfeited assets.
The judge fixed the date after the EFCC lawyer, Tayo Oyetibo (SAN), regularised his processes in the suit filed by the former minister.
Ekwo equally fixed the date for the hearing of the substantive suit.
Oyetibo informed the court that before Alison-Madueke took their matter, he had some housekeeping applications to take.
However, counsel who appeared for the ex-minister, Godwin Iyinbor, said the matter was slated for hearing and that subject to the convenient of the court, he was ready to proceed.
“On our part, we do not have any housekeeping application, but the respondent does have one. We are ready for hearing,” he said.
Oyetibo then regularised their counter affidavit filed on March 20, which Iyinbor had also responded to on March 25.
The EFCC counsel equally informed the court of their preliminary objection dated March 27 and filed the same day (Thursday).
Justice Ekwo subsequently adjourned the matter till May 29 for hearing of the preliminary objection and the substantive matter.
The judge warned that the process of any party that is absent from court would be deemed as adopted on that day.
“If on that day, the matter cannot go on because of a party, counsel to the party will be personally penalised,” the judge ruled.
The EFCC had, in the preliminary objection, urged the court to strike out the suit for lack of jurisdiction.
In its two-ground argument, the commission submitted that the ex-minister failed to serve a pre-action notice before the commencement of the suit as required by law.
“The court therefore lacks the jurisdiction to entertain the suit,” it argued.
Alison-Madueke had in her suit asked the court to order the EFCC to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets.
The commission in a public notice announced the sale of the former minister’s assets beginning from January 9, 2023 to January 13, 2023.
