Justice Inyang Ekwo, of the Federal High Court in Abuja, granted an application by former Petroleum Minister, Diezani Alison-Madueke, to amend her suit challenging the final forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) for her seized assets.
The application was granted after Diezani’s lawyer, Godwin Inyinbor, presented the motion, with EFCC counsel Divine Oguru raising no objections.
During the proceedings, Inyinbor informed the court that they had filed a motion to amend the originating process, which had been properly served to the defendant.
Oguru did not oppose the request, and Justice Ekwo granted the amendment as requested.
The judge granted Diezani five days to file and serve the amended processes, with the EFCC having 14 days to respond from the date of service.
The case was adjourned until March 17 for further mention.
On November 21, 2024, Justice Ekwo had set today for hearing the motion to amend the originating process.
In her suit, the former minister named the EFCC as the sole respondent.
Diezani sought an order extending the time to apply to the court to set aside the EFCC’s public notice for a sale of her property.
Filed on January 6, 2023, her motion requested five orders from the court.
She argued that the orders, made without jurisdiction, should be set aside, asserting that she had not been given a fair hearing in the proceedings leading to the forfeiture orders.
“The various court orders issued in favor of the respondent, upon which the respondent issued the public notice, were issued in breach of the applicant’s right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.
Diezani further contended that she was neither served with charge sheets nor any summons in relation to the criminal charges pending against her.
She argued that the courts had been misled into issuing final forfeiture orders based on non-disclosure or suppression of key facts.
“The several applications upon which the courts made the final forfeiture order against the applicant were obtained through misstatements, misrepresentations, non-disclosure, concealment, and suppression of material facts,” she said.
“A void order is as good as if it was never made at all,” she continued.
In response, EFCC’s Rufus Zaki, a detective with the commission, filed a counter-affidavit urging the court to dismiss Diezani’s application.
Zaki, who was part of the team investigating Diezani on charges of criminal conspiracy, official corruption, and money laundering, said the investigation had provided clear evidence of her involvement in criminal activities.
He noted that Diezani had been charged before the court in 2018, and contrary to her claims, the court had issued several orders, including final forfeiture of her assets.
Zaki stated that the EFCC followed due process, including placing public notices inviting parties to contest the forfeiture before the final orders were made.
The EFCC also sought to proceed with a public sale of the seized assets, as ordered by the court.
This auction, which includes properties allegedly belonging to Diezani, began on January 9, 2023.
Diezani, who served as Petroleum Minister from 2010 to 2015 under former President Goodluck Jonathan, is accused of embezzling funds during her tenure and is believed to have fled to the United Kingdom after leaving office.
The asset forfeiture case is separate from another suit she filed seeking N100 billion in compensation for alleged defamatory publications by the EFCC.
