Forfeiture Order Thrown Out: Court Grants Diezani's Appeal

 

 Diezani Alison-Madueke

In a new legal development, the Federal High Court in Abuja has granted former Minister of Petroleum Diezani Alison-Madueke permission to amend her lawsuit challenging the Economic and Financial Crimes Commission (EFCC) over the final forfeiture of her seized assets and Legal Proceedings Court Ruling

Justice Inyang Ekwo approved the amendment request after Diezani’s lawyer, Godwin Inyinbor, moved the motion, which EFCC’s counsel, Divine Oguru, did not oppose. The court has directed Alison-Madueke to file and serve the amended processes within five days, while the EFCC has 14 days to respond. The case has been adjourned to March 17 for further mention.

Diezani had initially sued the EFCC as the sole respondent, seeking to overturn the agency’s public notice for the sale of her forfeited assets. She argued that the orders leading to the forfeiture were granted without jurisdiction and should be set aside.

In her motion filed on January 6, 2023, Alison-Madueke claimed that the various court orders issued in favor of the EFCC were in breach of her right to a fair hearing under Section 36(1) of the 1999 Constitution.

She further contended that:

• She was never served with a charge sheet or summons related to the criminal allegations against her.
• The courts were allegedly misled into granting forfeiture orders due to the suppression of material facts.
• The forfeiture orders were based on gross misstatements, misrepresentations, and non-disclosure by the EFCC.

EFCC operative Rufus Zaki, who was part of the investigation into alleged criminal conspiracy, corruption, and money laundering, urged the court to dismiss Diezani’s application. He stated that:

• She was officially charged in case number FHC/ABJ/CR/208/2018.
• The forfeiture cases had been properly adjudicated.
• Public notices were issued, allowing interested parties to contest the forfeiture before final rulings were made.
• The final forfeiture of the assets was ordered in 2017 and has not been overturned on appeal.

He also pointed out that a September 10, 2019, judgment by Justice I.L.N. Oweibo confirmed that a lawyer, Nnamdi Awa Kalu, had represented Alison-Madueke in one of the forfeiture cases, contradicting her claims of being unaware of the process.

The EFCC began auctioning Diezani’s seized assets on January 9, 2023, following final forfeiture orders. According to former EFCC chairman Abdulrasheed Bawa, the agency had recovered:

• $153 million in illicit funds.
• Over 80 properties linked to Alison-Madueke.

Beyond this lawsuit, Alison-Madueke is also suing the EFCC for ₦100 billion in damages over alleged defamatory publications against her.

Having served as Minister of Petroleum between 2010 and 2015 under former President Goodluck Jonathan, she has remained in the United Kingdom since leaving office, facing multiple corruption allegations.

With the case set for further hearing in March, the legal battle over her assets and reputation is far from over. Stay tuned for updates.