Former Petroleum Minister Diezani Alison-Madueke has filed a motion to amend her suit challenging the final forfeiture order on her assets. The suit comes in response to actions by the Economic and Financial Crimes Commission (EFCC), which had planned a public sale of the seized assets starting on January 9, 2023.
During a court session on Thursday, Diezani’s counsel, Godwin Iyinbor, informed the court that they had received a counter affidavit filed by the EFCC. Iyinbor also revealed that they had filed a motion to amend their processes, with the commission duly served.
The original suit, marked FHC/ABJ/CS/21/2023 and filed on January 6, argues that the EFCC’s forfeiture orders were made without the jurisdiction of the courts and should be invalidated. Diezani, through her lawyer, Mike Ozekhome, claims she was denied fair hearing and was not notified about the proceedings leading to the forfeiture orders.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct a public sale of items… were issued in breach of the applicant’s right to fair hearing,” Diezani said. She further argued that the applications leading to the final forfeiture orders were made with misrepresentations and concealment of material facts, asserting that the court has the power to annul such orders.
Diezani’s legal team also claims that she was never served court documents in relation to the proceedings.
In response, the EFCC’s counsel, Rufai Zaki, countered Diezani’s claims, describing them as false. Zaki, who was part of the team investigating the ex-minister for alleged criminal conspiracy, corruption, and money laundering, stated that investigations revealed Diezani’s involvement in criminal activities.
Zaki emphasized that the forfeiture orders were issued through “in rem” actions, which had been duly heard by the courts. He also highlighted that public notices were published to invite interested parties to challenge the forfeiture before final orders were made. Zaki mentioned that the order Diezani is contesting was granted in 2017 and was not appealed by her at the time.
The presiding judge, Inyang Ekwo, adjourned the hearing to February 17, 2025, for further consideration of the motion to amend the originating process.