Ex-Petroleum Minister alleges violation of fair hearing rights in property forfeiture case

Former Minister of Petroleum Resources, Diezani Alison-Madueke, has asked the Federal High Court in Abuja to halt the Economic and Financial Crimes Commission (EFCC) from auctioning off her seized properties, alleging that the anti-corruption agency violated her right to a fair hearing.

In an amended application filed through her senior counsel, Mike Ozekhome (SAN), Diezani also requested the court to order the EFCC to recover any of her properties that have already been sold.

Justice Inyang Ekwo is presiding over the case.

The former minister, who served between 2010 and 2015, insists that the EFCC failed to notify her or allow her to defend herself before seizing her assets. She maintains that, despite the commission’s claim of securing final forfeiture orders, she was never served with any criminal charges or summons related to the properties in question.

In her court filing, Diezani accused the EFCC of manipulating the judicial process, alleging that the agency misrepresented facts, suppressed material information, and failed to disclose critical details to the court before obtaining forfeiture orders.

“In many cases, the final forfeiture orders were made against properties which affected the applicant’s interest,” her application stated.

She argued that while the courts were granting permanent confiscation orders, she was outside Nigeria seeking medical treatment and had no knowledge of the legal proceedings against her assets.

“The courts were misled into making the final order of forfeiture against the applicant based on suppression or non-disclosure of material facts,” her legal team argued.

Additionally, Diezani claimed that she was unable to access Nigerian newspapers or media reports about the proceedings, making it impossible for her to defend herself at the time.

In a counter-affidavit deposed by Oyakhilome Ekienabor, a litigation officer at the EFCC, the commission disputed Diezani’s claims, maintaining that due process was strictly followed in the asset forfeiture process.

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“The forfeited properties were disposed of in accordance with the due process of law,” Ekienabor asserted.

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The EFCC further argued that Diezani had legal representation in at least one of the proceedings before the final forfeiture orders were granted, refuting her claim of being unaware of the cases against her.

During Monday’s hearing, Diezani’s counsel, Godwin Iyibor, requested additional time to respond to the EFCC’s counter-affidavit, stating that the document was only served on March 14.

Justice Inyang Ekwo acknowledged the delays in the case, which has been ongoing since 2023, and urged both parties to ensure they are fully prepared for the next hearing.

The EFCC’s counsel, Divine Oguru, apologized for the delay and assured the court that the commission would be ready to proceed on the next adjourned date.

“We will be ready to go on the next adjourned date, my lord,” Oguru stated.

Justice Ekwo subsequently adjourned the matter to March 27, 2025, for further hearing.

Diezani Alison-Madueke has been embroiled in multiple corruption allegations since leaving office in 2015, with the EFCC accusing her of financial mismanagement and fraudulent allocation of oil contracts worth billions of dollars.

Over the years, the anti-graft agency has secured court orders for the forfeiture of her properties, luxury items, and bank accounts in Nigeria and abroad.

However, Diezani has consistently denied all allegations, arguing that she has not been given a fair trial or the opportunity to defend herself.

Her current legal battle seeks to challenge the legitimacy of the asset seizures and the EFCC’s method of obtaining court orders. The outcome of this case could have significant implications for future high-profile corruption trials in Nigeria.