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Appeal Court Dismiss Diezani’s Attempt To Recover $40m Jewelry

The Appeal Court yesterday dismissed an appeal brought by Diezani Alison-Madueke, a former Minister of Petroleum Resources, who sought to reclaim $40 million in jewelry that had been forfeited to the federal government.

In a ruling read by Justice Festus Obande, the Lagos division of the appellate court decided that the appeal lacked substance.
As a result, the court confirmed Justice Nicholas Oweibo’s Federal High Court ruling, which ordered the jewelry’s ultimate confiscation based on an application filed by the Economic and Financial Crimes Commission (EFCC).
The appeal court ruled that Alison-Madueke’s petition to reverse the lower court’s decision lacked merit and rejected it.
Recall that on July 19, 2019, Justice Oweibo gave the federal authorities ultimate confiscation of the valuable items.
The anti-graft agency divided the jewelry into 33 groups, including 419 expensive bangles, 315 expensive rings, 304 expensive earrings, 267 expensive necklaces, 189 expensive wristwatches, 174 expensive necklaces, and earrings, 78 expensive bracelets, 77 expensive brooches, and 74 expensive pendants.
The items were seized from the former minister’s residence at Number 10, Frederick Chiluba Close, Asokoro, Abuja, according to the commission.
The former minister failed to demonstrate cause why the jewelry should not be forfeited to the government, according to the Federal High Court in July 2019.
The items were reasonably suspected to have been obtained with the profits of the former minister’s illicit actions, according to the EFCC’s attorney, Rotimi Oyedepo, who filed the motion.
Also in an affidavit filed in support of the application and deposed to by an investigator with the EFCC, Rufai Zaki, the anti-graft agency had insisted that the jewelry were beyond the former minister’s “known and provable lawful income.”
Zaki had told the court that findings by the EFCC showed that she started acquiring the jewelry in 2012, two years after she was appointed minister.
The investigator stated that the EFCC had the details of the bank account through which Mrs. Alison-Madueke received her salary as a minister.
“The respondent did not utilize her salary or any part of her legitimate income to acquire the assets sought to be forfeited to the federal government of Nigeria,” Zaki said.
He said a “damning intelligence report” received by the commission led to the search of the former minister’s house.
The former minister on her part had challenged the seizure of the jewelry from her premises by the EFCC.
But in an affidavit filed on her behalf by her counsel, Prof Awa Kalu (SAN), Diezani, who is currently in the United Kingdom, alleged that the EFCC violated her fundamental right to own property and to appropriate them at her discretion under Sections 43 and 44 of the constitution.
Ada Peter

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