Former Petroleum Minister Diezani Alison-Madueke has petitioned a Federal High Court in Abuja to prevent the Economic and Financial Crimes Commission (EFCC) from auctioning her seized properties, arguing that her right to a fair hearing was violated.
In an amended application filed on Monday through her lawyer, Mike Ozekhome, Diezani also requested the court to mandate the EFCC to recover any of her properties that have already been sold. Justice Inyang Ekwo is presiding over the case.
Diezani, who held office as petroleum minister from 2010 to 2015, claims she was never given the opportunity to defend herself before her assets were confiscated. She asserts that despite the EFCC’s claim of a final forfeiture order, she was never served with criminal charges or any summons related to the matter.
She accused the commission of misleading the courts into granting forfeiture orders through “misrepresentations, non-disclosure, and suppression of material facts.”
“In many instances, the final forfeiture orders were issued against properties affecting the applicant’s interests,” her application stated. “The courts were misled into granting final forfeiture orders due to suppression or non-disclosure of crucial information.”
Diezani further contended that she has been outside Nigeria since 2015 undergoing medical treatment and was unaware of the legal proceedings that led to the forfeitures. She argued that the orders were issued without proper jurisdiction or adherence to her constitutional right to a fair hearing.
“The applicant did not have access to newspapers circulating within Nigeria during this period, as she was not in the country at any material time relevant to this suit,” her lawyers stated.
The EFCC, however, has challenged the validity of Diezani’s application. In a counter-affidavit filed by litigation officer Oyakhilome Ekienabor, the agency insisted that due process was followed and that the final forfeiture orders remain legally binding.
“The forfeited properties were disposed of in accordance with due process,” Ekienabor stated, adding that Diezani had legal representation in at least one of the proceedings before the final order was issued.
During Monday’s hearing, Diezani’s counsel, Godwin Iyibor, requested additional time to respond to the EFCC’s counter-affidavit, which was served on March 14. Justice Ekwo acknowledged the delays in the case, which has been ongoing since 2023, and urged both parties to be ready to proceed.
The EFCC’s counsel, Divine Oguru, apologized for the delay and assured the court of their readiness for the next hearing.
“We will be ready to proceed on the next adjourned date, my lord,” he said.
Justice Ekwo adjourned the matter to March 27 for further hearing.
