Diezani Moves To Recover Forfeited Assets After UK Acquittal

A Federal High Court in Abuja on Wednesday granted former Minister of Petroleum Resources, Diezani Alison-Madueke, permission to present fresh evidence of her acquittal by a United Kingdom court in her ongoing legal battle to recover assets forfeited to the Economic and Financial Crimes Commission (EFCC).

Justice Inyang Ekwo approved the application after counsel to the former minister, Godwin Iyinbor, informed the court that a significant development had occurred since the suit was filed.

The application, filed on June 25, sought leave to file a supplementary affidavit to bring before the court the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted Alison-Madueke of criminal bribery allegations.

Although the EFCC, represented by Senior Advocate of Nigeria Mofesomo Oyetibo, described the application as one that would “waste the judicial time” of the court, he ultimately said the anti-graft agency was not opposing it.

“They just want to bring to your lordship’s attention that the applicant has been exonerated in UK,” Oyetibo told the court.

Justice Ekwo subsequently granted the application and adjourned the matter until October 6, directing that both the EFCC’s preliminary objection and the substantive suit would be heard together.

Alison-Madueke had instituted the suit, marked FHC/ABJ/CS/21/2023, against the EFCC, challenging the commission’s planned auction and disposal of properties allegedly linked to her.

In her amended originating motion, the former minister argued that the EFCC moved to confiscate and dispose of her assets without securing a criminal conviction against her or giving her a fair hearing.

According to court documents filed by her lead counsel, Prof. Mike Ozekhome (SAN), the former minister contended that the anti-corruption agency sought to impose “grave proprietary consequences without conviction, without fair hearing, and without strict compliance with the relevant statutory provisions regulating forfeiture, management and disposal of properties.”

Ozekhome argued that Alison-Madueke’s acquittal in the UK constituted a fresh and material development that was directly relevant to the issues before the Nigerian court, particularly on questions of due process, absence of conviction and the legality of permanently depriving a person of property.

He, however, clarified that the application was not asking the Nigerian court to treat the UK judgment as binding or to sit on appeal over the foreign decision, but merely to consider it as a relevant fact that emerged after the initial court processes had been filed.

He further argued that the development could not have been included in earlier filings because it occurred while the case was already pending and maintained that admitting the supplementary affidavit would not prejudice the EFCC.

The court agreed to admit the fresh evidence and fixed October 6 for further proceedings.