The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to disregard the acquittal of former Minister of Petroleum Resources, Diezani Alison-Madueke, by a United Kingdom court. The EFCC argued that the judgment has no bearing on ongoing forfeiture proceedings involving assets linked to the former minister. This was stated in a counter-affidavit filed in opposition to Diezani's application seeking to tender the June 17 judgment of the Southwark Crown Court in London.
Diezani was acquitted of bribery and corruption allegations by the Southwark Crown Court in London on June 17. She had applied to the Federal High Court in Abuja to present this UK judgment as evidence in the suit. However, the EFCC argued that the proceedings before the Southwark Crown Court were unrelated to the Nigerian case and had no effect on the final forfeiture orders under which the disputed assets were disposed of.
The EFCC also urged the court to dismiss Diezani's application and supplementary affidavit, describing some of the depositions contained in them as misleading. The anti-graft agency stressed that the forfeiture proceedings concern assets covered by final orders of Nigerian courts, which it said remained valid and had not been set aside. The Commission added that the properties were sold pursuant to final forfeiture orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019.
According to the EFCC, notices had been published in newspapers inviting interested parties to show cause why the assets should not be forfeited before the final orders were made. The Commission stated that the final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The EFCC also noted that Diezani had been outside Nigeria since 2015 while undergoing medical treatment and was not served with relevant court processes.
Diezani is asking the court to order the EFCC to retrieve properties allegedly sold to third parties. In the suit, marked FHC/ABJ/CS/21/2023 and filed through her counsel, Prof. Mike Ozekhome, SAN, the former minister alleged that the commission commenced the sale of assets linked to her without giving her an opportunity to be heard. She also contended that several final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.
Diezani argued that she had not been convicted of any unlawful activity that would justify the forfeiture of her properties and maintained that the courts lacked jurisdiction to make the orders without hearing her. She further said that she had three suits pending against the EFCC in Lagos and maintained that the assets should not have been sold while the forfeiture orders were being challenged. The EFCC, however, cited charges including FHC/ABJ/CR/208/2018 before the Federal High Court and HC/ADYL/56C/2017 before the Adamawa State High Court.
Justice Inyang Ekwo had granted Diezani permission to present the UK judgment as evidence in the suit on July 1. The judge adjourned the matter until November 11 for hearing of the pending applications. The EFCC's argument is that the UK acquittal does not affect the Nigerian court's jurisdiction to make forfeiture orders. The case is ongoing, and the court's decision is yet to be made.
Key points
- The EFCC has urged the Federal High Court to disregard Diezani's UK acquittal in the property forfeiture case.
- Diezani is asking the court to order the EFCC to retrieve properties allegedly sold to third parties.
- The EFCC argued that the forfeiture proceedings concern assets covered by final orders of Nigerian courts, which remain valid and have not been set aside.
