A Federal High Court in Abuja has made a decision in the ongoing legal dispute between former Petroleum Minister Diezani Alison-Madueke and the Economic and Financial Crimes Commission.
On Monday, Justice Inyang Ekwo approved Alison-Madueke’s request to amend her suit challenging the EFCC’s final forfeiture order on her seized assets.
Alison-Madueke, who has been at the center of one of Nigeria’s most high-profile corruption cases, argues that she was denied a fair hearing before the EFCC secured court orders to permanently seize her assets. Her legal team, led by Godwin Inyinbor, filed a motion to amend her suit, which the EFCC’s lawyer, Divine Oguru, did not oppose. Justice Ekwo granted the request and instructed Alison-Madueke to file her updated arguments within five days, while the EFCC has been given 14 days to respond. The case was adjourned until March 17 for further proceedings.
This decision follows Alison-Madueke’s original suit, filed through Chief Mike Ozekhome (SAN), which aimed to nullify the EFCC’s public notice announcing plans to auction her property. Alison-Madueke contended that the orders leading to her assets’ forfeiture were obtained without jurisdiction and should be annulled in the interest of justice.
The EFCC, however, maintains that the forfeiture was lawful. In a counter-affidavit, Rufai Zaki, a detective with the commission, argued that Alison-Madueke was heavily implicated in criminal conspiracy, corruption, and money laundering. Zaki further stated that Alison-Madueke was officially charged in 2018 under case number FHC/ABJ/CR/208/2018. He rejected her claims of unfair treatment, emphasizing that:
The court had followed due process by issuing public notices inviting interested parties to challenge the forfeiture. The final forfeiture of her assets was legally approved in 2017 and has not been overturned on appeal. The properties in question have already been auctioned through a legally sanctioned process.
Alison-Madueke’s legal troubles began during the anti-corruption efforts of former President Muhammadu Buhari. Under the leadership of EFCC’s then-chairman Abdulrasheed Bawa, the commission claimed to have recovered $153 million and over 80 properties linked to the former minister. These assets, allegedly acquired with illicit funds, were seized and earmarked for public auction starting on January 9, 2023.
Despite her legal challenges, the EFCC asserts that Alison-Madueke was provided ample opportunity to contest the forfeiture, but failed to do so. The commission also pointed out that a representative, Nnamdi Awa Kalu, attended at least one forfeiture hearing on her behalf, which contradicts her claim that she was never served court papers.
In addition to seeking the return of her assets, Alison-Madueke is suing the EFCC for N100 billion in damages, alleging defamation. She claims that numerous publications labeling her a fugitive and a corrupt official have severely damaged her reputation.
Alison-Madueke, who has been residing in the United Kingdom since leaving office in 2015, has not returned to Nigeria. While the EFCC has sought her extradition, she has yet to face trial in the country.
