“Forfeiture Orders Were Made Without Jurisdiction” — Diezani Challenges EFCC Asset Sale In Court
The Federal High Court in Abuja, yesterday, adjourned till October 6, for a definite hearing in the suit filed by former Petroleum Minister, Deziani Allison-Madueke, challenging the forfeiture of some of her assets to the federal government.
Justice Mohammed Umar fixed the date after lawyers representing parties in the suit identified and regularised their processes in the matter.
When the case was mentioned yesterday, Alison-Madueke’s lawyer, Mr. Godwin Inyinbor, told the court that the matter was for hearing but that they were served with two motions to which they had responded.
Responding, counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Mofesomo Oyetibo, SAN, informed the court that he was appearing in the matter for the first time.
While also admitting that the matter was coming before him for the first time, trial judge, Justice Umar subsequently adjourned the matter until October 6 for definite hearing.
The former petroleum minister in the suit marked: FHC/ABJ/CS/21/2023, prayed the court to extend the time to apply for an order to set aside the EFCC’s public notice issued for the sale of her properties, because the orders for the forfeiture of her assets were made without jurisdiction.
Alison-Madueke submitted that she was denied fair hearing in the proceedings that led to the forfeiture orders.
Among the reliefs she is seeking from the court includes; the voiding of the EFCC’s public notice on the sale of her properties.
She contended that the various court orders issued in favour of the EFCC violated her constitutional right to fair hearing as enshrined in Section 36 (1) of the 1999 Constitution.
She further claimed that she was never served with the charge sheet, proof of evidence or summons regarding the charge against her.
Besides, the plaintiff argued that the court was misled into granting the forfeiture order due to the suppression or non-disclosure of critical information.
On its part, the anti-graft agency wants the court to dismiss the case because she had been properly brought before the court.
According to the commission, the application for final forfeiture of the said assets had been properly instituted and conducted following all legal requirements.
The EFCC in addition, pointed out that the properties had been duly disposed of following the court’s order, which had been made in 2017 and which had not been overturned on appeal.
