The Economic and Financial Crimes Commission, EFCC, has urged the Federal High Court in Abuja to disregard the acquittal of former Petroleum Resources Minister, Diezani Alison-Madueke, by a United Kingdom court, describing the judgment as irrelevant to the ongoing forfeiture proceedings involving assets linked to her.
The commission made the submission in a further counter-affidavit filed in opposition to Diezani’s application seeking to tender the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations.
Justice Inyang Ekwo had on July 1 granted the former minister permission to present the UK judgment as evidence in the suit.
However, the EFCC argued that the UK proceedings had no bearing on the Nigerian case or the final forfeiture orders under which the disputed assets were disposed of.
The commission maintained that the forfeiture proceedings relate to assets covered by final orders of Nigerian courts, which remain valid and have not been set aside.
According to the EFCC, the properties were sold pursuant to final forfeiture orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order made by Justice I.N. Oweibo on September 10, 2019.
It added that notices had been published in newspapers inviting interested parties to show cause why the assets should not be forfeited before the final orders were made.
Diezani, however, is asking the court to order the EFCC to retrieve properties allegedly sold to third parties.
In the suit, marked FHC/ABJ/CS/21/2023 and filed through her counsel, Professor Mike Ozekhome, SAN, she alleged that the commission commenced the sale of assets linked to her without giving her a fair hearing.
The former minister also contended that several final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.
She argued that she had never been convicted of any unlawful activity to justify the forfeiture of her properties and maintained that the courts lacked jurisdiction to make the orders without hearing her.
Diezani further claimed that she had been outside Nigeria since 2015 for medical treatment and was not served with the relevant court processes.
She also argued that the forfeiture orders were made under the civil standard of proof rather than the stricter standard applicable to criminal allegations.
The former minister said she had three suits pending against the EFCC in Lagos and maintained that the assets should not have been sold while the forfeiture orders were being challenged.
The EFCC, however, said criminal proceedings had been instituted against Diezani in various Nigerian courts following investigations into her activities while she was a public servant.
The commission cited charges including FHC/ABJ/CR/208/2018 and HC/ADYL/56C/2017, filed before the Federal High Court and Adamawa State High Court respectively.
Justice Ekwo subsequently adjourned the matter until November 11 for hearing of the pending applications.
