BY ANTHONY OCHELA, ABUJA
Former Minister of Petroleum, Diezani Alison-Madueke has asked the Federal High Court, Abuja to order the Economic and Financial Crimes Commission, EFCC, to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets or property.
The former minister in an amended suit filed by her lawyer, Mike Ozekhome (SAN) before Justice Inyang Ekwo, also sought an order setting aside the commission’s public notice upon which it conducted the public sale by auction.
EFCC had, in the public notice, announced the sale of Alison-Madueke’s assets beginning from Monday, January 9, 2023 to Friday, January 13, 2023.
Following the development, Alison-Madueke had in the originating motion marked FHC/ABJ/CS/21/2023, sued the EFCC as sole respondent.
In the suit, she sought an order extending the time to seek leave to apply to the court for an order to set aside EFCC’s public notice issued to conduct a public sale on her property, among others.
On February 17, Justice Ekwo granted her request to amend the suit after the motion was moved by Godwin Iyinbor, who appeared for the ex-minister, and EFCC’s counsel, Divine Oguru, did not oppose it.
Upon the resumed hearing on Monday, Iyinbor informed the court that pursuant to its order made on the last adjourned date, an amended originating motion had been filed and served on the EFCC on February 20.
The lawyer, however, said EFCC served them with their counter affidavit on March 14, prompting his application for an adjournment to enable them respond to the commission’s process.
Justice Ekwo, however, reminded Iyinbor of the time the suit had taken since it was filed in 2023.
Oguru, who represented the EFCC, apologised for the delay in responding to the plaintiff’s originating motion.
The judge subsequently adjourned the matter until March 27 for hearing.
In the amended suit, Alison-Madueke wants the court to declare that the public sale conducted by EFCC between the said date which affected her property were issued and/or conducted in absolute breach of statutory provisions, particularly the EFCC Act, 2004, Proceeds of Crime Recovery and Management) Act, 2022.
She said it was also in absolute breach of her right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution (as altered) and other similar constitutional and statutory.
She sought an order restraining the EFCC from disposing of the said properties listed in the said public notice affecting the proprietary rights of the applicant.
She also wants the court to make an order vacating the public notice issued by the EFCC which was based on various judgments/orders issued in favour of the commission “as final forfeiture orders made against the properties and/or personal effects affecting the proprietary rights of the applicant for want of jurisdiction and lack of fair hearing.”
The former minister equally sought an order extending the time within which she may seek leave to apply to the court for an order to vacate, discharge and/or set aside the public notice issued by the commission, among others.
But the EFCC, in its counter affidavit dated and filed on March 14, prayed the court to dismiss the suit.
An affidavit deposed to by Oyakhilome Ekienabor, a litigation officer in the Law Firm of Messrs Tayo Oyetibo, said the depositions in her affidavit in some of the paragraphs were untrue.
He said following extensive investigations into her activities while she was a public officer, criminal proceedings commenced against her in various courts including the Federal High Court.
He said contrary to the former minister’s argument, the sale of the property which previously belonged to her was conducted in execution of the final forfeiture orders of the Federal High Court made “on July 9, 2019 (Coram Justice, CA. Obiozor) and September 10, 2019 (Coram Justice I.N. Oweibo).”
According to Ekienabor, the final forfeiture orders were not made in breach of the applicant’s right to fair hearing as alleged or otherwise.
Ekienabor said the forfeited property were disposed of in accordance with due process of the law.
