The Federal High Court in Abuja has fixed June 30 to hear the lawsuit filed by former Petroleum Minister, Diezani Alison-Madueke, challenging the forfeiture of her assets by the Economic and Financial Crimes Commission (EFCC).
At Friday's resumed hearing, Alison-Madueke was represented by Mr. Godwin Iyinbor from Prof. Mike Ozekhome's chambers, while the EFCC had no legal representation present in court.
Iyinbor informed Justice Musa Umar that Justice Inyang Ekwo, who previously handled the case, had warned that any party preventing the definite hearing on the next adjourned date would be liable to pay costs.
Justice Umar, however, ruled that since he was not the one who made that pronouncement, the anti-graft agency should be given another opportunity to appear. He ordered that hearing notices be issued to the EFCC.
Details of the Legal Challenge
The suit, marked FHC/ABJ/CS/21/2023, was initiated in 2023. In her application, Alison-Madueke is seeking an extension of time to apply for an order to set aside the EFCC's public notice for the sale of her properties.
The former minister argues that the forfeiture orders were made without jurisdiction and that she was denied fair hearing in the proceedings that led to these orders. She contends that the court orders violated her constitutional right to fair hearing as enshrined in Section 36(1) of the 1999 Constitution.
Alison-Madueke is seeking five orders from the court, including the annulment of the EFCC's public notice regarding the sale of her properties. She claims she was never served with the charge sheet, proof of evidence, or summons regarding the charges against her.
Furthermore, she alleges that the court was misled into granting the forfeiture order due to suppression or non-disclosure of critical information.
EFCC's Position
The EFCC has previously asked the court to dismiss her application, arguing that she had been properly brought before the court. The anti-graft agency maintains that the application for final forfeiture of her assets was properly instituted and conducted following all legal requirements.
According to the EFCC, the properties in question have already been disposed of following a court order made in 2017, which has not been overturned on appeal.
The case continues to draw attention as part of ongoing anti-corruption efforts in Nigeria's oil sector, where Alison-Madueke served as minister during the administration of former President Goodluck Jonathan.