January 30, (THEWILL) – Former Nigerian Minister of Petroleum Resources, Diezani Alison-Madueke, has asked a Federal High Court in Abuja, to vacate the final forfeiture order of her seized assets.
THEWILL reports that the presiding Judge of the court, Justice Mobolaji Olajuwon, had on October 24, 2022, granted a request by the Economic and Financial Crimes Commission (EFCC) for an order of final forfeiture of two Abuja properties and two luxury cars belonging to Mrs. Alison-Madueke, to the Federal Government.
The EFCC had in a notice, said it would conduct a public sale of all assets seized from Alison-Madueke beginning from Jan. 9.
Alison-Madueke was Nigeria’s Petroleum Minister during President Goodluck Jonathan’s administration.
In an originating motion, Mrs Alison-Madueke sought an order extending the time within which to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct public sale on her property.
The motion marked: FHC/ABJ/CS/21/2023 dated and filed Jan. 6 by her lawyer, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo, the ex-minister sought five orders from the court.
The former Minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct public sale of items contained in the public notice most of which court the interest of the applicant 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 argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons howsoever and whatsoever in respect of the criminal charges pending against her before the court.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all.
“The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution.
“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said.
While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.
But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the Commission, urged the court to dismiss Alison-Madueke’s application.
Zaki, who was a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-Minister and some other persons involved in the case, said investigation had clearly shown that she was involved in some acts of criminality.
He said Alison-Madueke was, therefore, charged before the court in charge no: FHC/ABJ/CR/208/2018.
“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.
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