Diezani asks court to order retrieval of her seized assets from buyers

Diezani asks court to order retrieval of her seized assets, set aside EFCC public notice on auction

By Jeph Ajobaju, Chief Copy Editor

Former Petroleum Minister Diezani Alison-Madueke has asked the Federal High Court in Abuja to order the Economic and Financial Crimes Commission (EFFC) to retrieve her seized assets from those who bought them.

Diezani made the request through an amended application filed before Judge Inyang Ekwo by her lawyer Mike Ozekhome SAN.

She also, among others,

• Sought an order to set aside the EFCC’s public notice which served as the basis for the public auction of her assets.

• Asked the court to declare the public auction conducted by the EFCC as a violation of statutory provisions, including the EFCC Act of 2004 and the Proceeds of Crime Recovery and Management Act of 2022.

• Argued that the auction breached her right to a fair hearing as guaranteed under Section 36(1) of the Constitution.

• Sought an order restraining the EFCC from disposing of her properties as listed in the public notice and asked the court to vacate the notice issued by the EFCC, which was based on various judgments and orders in favor of the graft buster.

• Contended that the final forfeiture orders issued against her properties violated her proprietary rights due to a lack of jurisdiction and denial of a fair hearing.

• Requested an extension of time to seek the court’s leave to vacate, discharge, or set aside the public notice issued by the EFCC.

The EFCC had announced in a public notice that Diezani’s assets were up for sale between 9 and 13 January 2023.

Following the notice, she initiated legal action against the EFCC.

In an originating motion filed on 6 January 2023, she sought an extension of time to apply for an order to set aside the public notice and prevent the auction of her assets.

However, a counter-affidavit filed on 14 March 2023 by the EFCC urged the court to dismiss the suit.

The affidavit, deposed to by litigation officer Oyakhilome Ekienabor, refuted several claims made by Diezani.

Ekienabor said, among others,

Extensive investigations into Diezani’s activities during her tenure led to criminal proceedings against her in various courts, including the Federal High Court.

He cited charges filed in 2017 and 2018 as part of the evidence against her and explained that the properties were sold in compliance with final forfeiture orders issued by the Federal High Court on 9 July 2019 and 10 September 2019.

These forfeiture orders were not issued in violation of Diezani’s rights to fair hearing, and the properties were disposed of in accordance with due process.

“The cases leading to the forfeiture orders were actions in rem, and the decisions are binding on all,” Ekienabor argued.

He recounted that during the forfeiture proceedings, the court instructed the EFCC to publish a notice inviting interested parties to show cause why the properties should not be forfeited.

He reiterated that Diezani was represented by counsel during one of the proceedings and the court ultimately issued the final forfeiture orders after considering submissions made by her counsel.

Ekwo on 17 February 2025 granted Diezani’s request to amend her suit following a motion by her counsel Godwin Iyinbor.

At the resumed hearing on Monday, Iyinbor informed the court that an amended originating motion was filed and served on the EFCC on February 20.

He requested an adjournment to respond to the Commission’s counter-affidavit filed on March 14.

Ekwo stressed the need to expedite the case considering its long duration since it was filed in 2023.

EFCC counsel Divine Oguru apologised for the delay in responding and assured that “We will be ready to go on in the next adjourned date my lord.”

The Judge adjourned the case to March 27 for hearing.

Read also:

More rights activists join campaign to free farmer Jackson from death row, describe Supreme Court verdict as miscarriage of justice