BY ANTHONY OCHELA, ABUJA
Federal High Court in Abuja yesterday granted an application by a former Minister of Petroleum, Diezani Alison-Madueke, to amend her suit challenging the order obtained by the Economic and Financial Crimes Commission, EFCC, for final forfeiture of her seized assets.
Justice Inyang Ekwo granted the request after the motion was moved by Alison-Madueke’s lawyer, Godwin Inyinbor, and EFCC’s counsel, Divine Oguru did not oppose it.
When the matter was called, Inyinbor, who appeared for the former minister, informed the court that they had already filed a motion for amendment of their originating process and the defendant had been duly served.
Oguru did not raise any objection to the former minister’s plea to amend her suit and Justice Ekwo granted it as prayed.
The judge, who gave hee five days to file and serve the amended processes, granted EFCC 14 days from the date of service to respond.
The matter was then adjourned until March 17 for further mention.
Justice Ekwo had on November 21, 2024, fixed yesterday for hearing the motion to amend the originating process.
The former minister had, through her counsel, Chief Mike Ozekhome (SAN) sued the anti-graft agency as sole respondent.
Alison-Madueke in the suit marked FHC/ABJ/CS/21/2023, 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.
In the motion dated and filed on January 6, 2023 by her lawyer, the former minister sought five orders from the court.
Alison-Madueke, who argued that the various orders were made without jurisdiction, said they ought to be set aside.
She also said she was not given fair hearing in all the proceedings leading to the orders.
She argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons regarding the criminal charges pending against her before the court.
She argued that the courts were misled into making several final forfeiture orders against her assets through suppression or non-disclosure of material facts.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts.
EFCC, in a counter-affidavit deposed to by Rufai Zaki, a detective, urged the court to dismiss her application.
Mr Zaki, a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the former minister and other persons involved in the case, said the investigation had clearly shown that she was involved in acts of criminality.
He said Mrs Alison-Madueke was therefore charged before the court in charge no: FHC/ABJ/CR/208/2018.
“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated November 14, 2018 filed before this court and also attached as Exhibit C in the applicant’s affidavit,” he said.
The EFCC operative said most of the depositions in Mrs Alison-Madueke’s suit were untrue.
He said contrary to her deposition in the affidavit filed in support of the suit, most of the cases which led to the final forfeiture of the contested property “were action in rem, same was heard at various times and determined by this court.”
He said the courts ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the federal government before final orders were made.
Zaki argued that Nnamdi Awa Kalu represented the former minister in reaction to one of the forfeiture applications.
“We humbly rely on the judgment of Justice I.LN Oweibo dated September 10, 2019 shown in Exhibit C of the applicant’s affidavit,” he said.
The officer said contrary to her claim, the final forfeiture of the assets, which were subject to the present application, was ordered by the court in 2017 and that this was not set aside or upturned on appeal.
