Former Minister of Petroleum, Diezani Alison-Madueke, has asked the Federal High Court in Abuja to instruct the Economic and Financial Crimes Commission (EFCC) to reclaim her seized assets from the individuals or entities that purchased them. In a request filed on her behalf by Chief Mike Ozekhome (SAN), Alison-Madueke seeks a court order directing the EFCC to recover the properties that were sold following her asset seizure.
The application, presented to Justice Inyang Ekwo, also calls for the court to annul the EFCC’s public notice that led to the auction of her assets. Alison-Madueke argues that the auction process violated legal provisions, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022, and infringed upon her constitutional right to a fair hearing.
In addition, Alison-Madueke is requesting an order to prevent the EFCC from further disposing of her assets, as listed in the public notice, and to cancel the notice that served as the basis for the sales. She asserts that the final forfeiture orders against her assets were issued without jurisdiction and deprived her of her rights to fair hearing.
The former minister also seeks an extension of time to apply for permission to vacate or set aside the EFCC’s public notice. This legal battle began when the EFCC announced in early January 2023 that Alison-Madueke’s assets would be sold between January 9 and 13. Shortly after the announcement, Alison-Madueke filed a suit to block the auction.
In her motion, filed on January 6, 2023, Alison-Madueke requested more time to seek an order to annul the EFCC’s notice and stop the auction. In response, the EFCC filed a counter-affidavit on March 14, urging the court to dismiss the suit. The EFCC’s affidavit, signed by litigation officer Oyakhilome Ekienabor, asserts that extensive investigations into Alison-Madueke’s tenure led to criminal charges in various courts, including the Federal High Court.
The EFCC also referenced the final forfeiture orders issued in 2019, which allowed for the sale of Alison-Madueke’s assets. According to Ekienabor, these forfeiture orders were not unlawful, and the properties were sold following due process.
The EFCC contends that the forfeiture proceedings were conducted according to the law, with the court providing ample opportunity for interested parties to contest the forfeiture. Ekienabor further noted that Alison-Madueke was represented in the proceedings and that the final orders were made after her counsel’s submissions were considered.
During the latest court session on Monday, Alison-Madueke’s lawyer, Godwin Iyinbor, informed the court that an amended motion had been filed and served on the EFCC on February 20, requesting more time to respond to the commission’s counter-affidavit. Justice Ekwo emphasized the importance of expediting the case due to the significant delay since its filing in 2023.
The EFCC’s counsel, Divine Oguru, apologized for the delay in responding and assured the court that they would be ready for the next hearing. Justice Ekwo subsequently adjourned the case to March 27 for further proceedings.
