The Federal High Court in Abuja has scheduled October 23 as the hearing date for the lawsuit filed by former Minister of Petroleum Resources, Diezani Alison-Madueke.

She is challenging the order obtained by the Economic and Financial Crimes Commission (EFCC) for the final forfeiture of her seized assets. The date was fixed by Justice Inyang Ekwo on Wednesday, following the regularization of processes in the suit by Alison-Madueke’s lawyer, Benson Igbanoi, and the EFCC’s counsel, M.D. Baraya.

It is worth noting that the EFCC had planned to conduct a public sale of all the seized assets, which are considered proceeds of crime and have been ordered by the courts to be permanently forfeited to the Federal Government.

The auctioning exercise, involving the assets believed to include properties owned by Diezani Alison-Madueke, commenced on January 9.

Abdulrasheed Bawa, the immediate-past chairman of the EFCC, recently disclosed that a total of $153 million and over 80 properties had been recovered from Alison-Madueke as part of the ongoing investigation into her alleged financial misconduct.

After allegedly fleeing to the United Kingdom following her tenure as the petroleum minister from 2010 to 2015 under the administration of former President Goodluck Jonathan, Diezani Alison-Madueke has filed a suit seeking an order to extend the time for her to apply to the court. The purpose of this application is to set aside the Economic and Financial Crimes Commission’s (EFCC) public notice, which authorized the public sale of her property.

In the motion filed on January 6, marked FHC/ABJ/CS/21/2023, and presented by her lawyer, Chief Mike Ozekhome, the former minister sought five orders from the court. The sole respondent in the suit is the EFCC, while Alison-Madueke acts as the applicant.

In her argument, the former minister contended that the various orders issued by the court were made without jurisdiction and should therefore be set aside “ex debito justitiae.” Additionally, she claimed that she was not granted a fair hearing in all the proceedings that led to the issuance of these orders.

By bringing this suit, Alison-Madueke aims to challenge the legality of the orders and seek a fair opportunity to present her case. The court will carefully consider her arguments and determine whether to grant the requested extension of time for her application.

“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to a fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.

Diezani Alison-Madueke, the former Minister of Petroleum Resources, has presented her arguments claiming that she was not served with the charge sheet, proof of evidence, or any summons related to the criminal charges against her. According to her, she was unaware of the charges pending against her before the court, which deprived her of the opportunity to adequately respond.

Furthermore, Alison-Madueke asserted that the courts were misled into issuing several final forfeiture orders against her assets. She alleged that material facts were suppressed or not disclosed, which undermined the fairness and legality of the orders.

However, the Economic and Financial Crimes Commission (EFCC) countered these claims in a counter-affidavit deposed by Rufai Zaki, a detective with the commission. Zaki, who was involved in the investigation of the criminal conspiracy, official corruption, and money laundering case against the former minister and other individuals, urged the court to dismiss her application. According to the EFCC, the investigation revealed evidence of her involvement in criminal activities.

As the court considers the arguments presented by both parties, it will assess the validity of Alison-Madueke’s claims regarding the lack of proper notification and the alleged suppression of facts. The EFCC’s response will also be taken into account as the court evaluates the merits of her application.

“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14th November 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said.

According to the EFCC operative, who confirmed reviewing the motion filed by the ex-minister, he stated that many of the statements made in the motion were false.

He said, contrary to her deposition in the affidavit in support, most of the cases that led to the final forfeiture of the contested property “were action in rem and were heard at various times and determined by this honourable court.”

The EFCC operative explained that the courts had issued specific orders instructing the commission to publish notices in newspapers, inviting parties to present their arguments as to why the properties should not be forfeited to the Federal Government. These publication requirements were mandated before the final orders were made by the courts.

Zaki further pointed out that during the forfeiture applications, the ex-minister was represented by Nnamdi Awa Kalu, who acted as her legal representative.

“We humbly rely on the judgement of Hon. Justice I.L.N. Oweibo dated 10th September 2019, shown in Exhibit C of the applicant’s affidavit,” he said.

In contrast to the ex-minister’s claims, the officer asserted that the court had issued a final order for the forfeiture of the assets in question back in 2017. This order had not been overturned or set aside on appeal.

The officer further stated that the properties had been disposed of in accordance with the proper legal procedures and due process.