EFCC Opposes Diezani’s Bid To Halt Auction Of Seized Assets
The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to dismiss a suit filed by former Petroleum Minister Diezani Alison-Madueke, seeking to stop the auction of assets seized from her by the agency.
The assets, reportedly including million and over 80 properties, were confiscated following corruption investigations, with the auction commencing on January 9, 2023. Diezani, through her lawyer Mike Ozekhome (SAN), argues that the court orders enabling the seizure and auction were obtained without granting her a fair hearing, in violation of Section 36(1) of the 1999 Constitution.
Her suit (FHC/ABJ/CS/21/2023) claims the forfeiture orders were based on “misstatements, misrepresentations, and suppression of material facts” and that she was not served court processes or summons regarding the criminal charges against her. Diezani is seeking to have the orders set aside, describing them as void and unconstitutional.
In response, EFCC investigator Rufai Zaki, in a counter-affidavit, dismissed Diezani’s claims, asserting the legality of the forfeiture process. Zaki noted that the investigation into her alleged criminal activities had resulted in charges being filed in 2018 (FHC/ABJ/CR/208/2018). He added that the forfeiture cases were “actions in rem,” where public notices were issued, inviting interested parties to challenge the forfeiture before the courts.
Zaki emphasized that Diezani was represented by a counsel, Nnamdi Awa Kalu, in one of the proceedings, citing a judgment by Justice I.L.N. Oweibo from September 2019 as evidence.
On Thursday, Justice Inyang Ekwo adjourned the case to February 17, 2025, after Diezani’s counsel, Godwin Iyinbor, informed the court of a motion to amend the originating process. Iyinbor confirmed receipt of EFCC’s counter-affidavit and noted the filing of a further affidavit in response.
The EFCC has maintained its plan to auction the assets, deemed proceeds of crime, following final forfeiture orders from the courts. The case remains under intense scrutiny as the legal battle continues.
