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, insisting the judgment has no bearing on the ongoing forfeiture proceedings over assets linked to her.
In a further counter-affidavit, the anti-graft agency opposed Diezani’s application 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 allowed the former minister to present the UK judgment as evidence in the suit.
The EFCC argued that the London proceedings were not being prosecuted in any Nigerian court and had “nothing to do with the substantive suit” before the court. It asked the court to dismiss the application and the supplementary affidavit filed by Diezani, describing some of her depositions as misleading.
According to the commission, the forfeiture proceedings concern assets covered by final orders of Nigerian courts, which remain valid and have not been set aside.
It said the properties were sold pursuant to final forfeiture orders made by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another by Justice I.N. Oweibo on September 10, 2019. The EFCC added that it published notices in newspapers inviting interested persons to show cause why the assets should not be forfeited before the final orders were made.
“The forfeited properties were disposed of in accordance with due process of law,” the commission stated.
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, Prof. Mike Ozekhome, SAN, she alleged that the EFCC began selling assets linked to her without giving her a fair hearing.
She claimed the final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts. She also argued that she had never been convicted of any unlawful activity to justify the forfeiture, and that the courts lacked jurisdiction to make the orders without hearing her.
The former minister said she had been outside Nigeria since 2015 for medical treatment and was not served with the relevant court processes. She further contended that the orders were made on the civil standard of proof, rather than the stricter standard applicable to criminal allegations.
Diezani said she has 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 responded that criminal proceedings had been instituted against her in various Nigerian courts following investigations into her activities as a public servant. It cited charges FHC/ABJ/CR/208/2018 and HC/ADYL/56C/2017, filed at the Federal High Court and the Adamawa State High Court respectively.
Justice Ekwo adjourned the matter until November 11 for hearing of the pending applications.
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