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Diezani: EFCC Rejects UK Acquittal, Insists Forfeited Assets Won’t Be Returned
Diezani: EFCC Rejects UK Acquittal, Insists Forfeited Assets Won’t Be Returned
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The Economic and Financial Crimes Commission has urged the Federal High Court in Abuja to disregard the June 17 acquittal of former Minister of Petroleum Resources, Diezani Alison-Madueke, by the Southwark Crown Court in London, arguing that the foreign judgment has no bearing on the Nigerian forfeiture proceedings.
The former minister is asking the Abuja court to compel the EFCC to recover properties allegedly sold to third parties, arguing that she was denied a fair hearing and that the forfeiture orders were obtained through alleged misrepresentation and suppression of material facts.
Diezani maintains that she has not been convicted of any offence warranting the forfeiture of her assets and argues that the courts lacked jurisdiction to make the orders without hearing her, while the EFCC insists that the forfeiture process complied with Nigerian law.
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But the anti-graft agency said the properties linked to the former minister were disposed of pursuant to final forfeiture orders issued by Nigerian courts in 2019, insisting that the orders remain valid because they have neither been set aside nor overturned.
October 07, () – The Economic and Financial Crimes Commission (EFCC) has rejected attempts by former Minister of Petroleum Resources, Diezani Alison-Madueke, to rely on her acquittal by a United Kingdom court to challenge the forfeiture and sale of properties linked to her.
The commission, in a further counter-affidavit filed before the Federal High Court in Abuja, urged Justice Inyang Ekwo to disregard the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted Diezani of bribery and corruption allegations.
Justice Ekwo had on July 1 granted the former minister permission to tender the UK judgment as evidence in the Nigerian proceedings.
The EFCC, however, maintained that the UK proceedings were entirely separate from the Nigerian forfeiture cases and could not affect final orders made by Nigerian courts.
The commission argued that the London case was not a proceeding before a Nigerian court and had no connection with the substantive suit before Justice Ekwo.
“The proceedings before the Southwark Crown Court, London, United Kingdom, and the purported acquittal of the applicant therein, are in respect of a proceeding that is not being prosecuted before any Nigerian court and have nothing to do with the substantive suit before this honourable court,” the EFCC stated.
The anti-graft agency consequently urged the court to dismiss Diezani’s application and supplementary affidavit, describing some of the depositions contained in them as misleading.
EFCC Defends Forfeiture Orders
The commission said the disputed assets were covered by final forfeiture orders issued by Nigerian courts and that the orders remained legally valid.
According to the EFCC, the properties were sold pursuant to a final forfeiture order made by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order issued by Justice I.N. Oweibo on September 10, 2019.
The agency said the process was preceded by newspaper publications inviting interested parties to show cause why the properties should not be finally forfeited.
It therefore rejected the allegation that the assets were disposed of unlawfully or without due process.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with due process of law,” the commission stated.
The EFCC’s position is that the existence of a subsequent acquittal in a separate foreign criminal proceeding does not automatically nullify or invalidate final forfeiture orders made by Nigerian courts.
Diezani Demands Recovery Of Properties
Former Minister of Petroleum Resources Diezani Alison Madueke
Diezani, however, is seeking an order compelling the EFCC to retrieve properties allegedly sold to third parties following the forfeiture orders.
In the suit, marked FHC/ABJ/CS/21/2023 and filed through her counsel, Prof. Mike Ozekhome, SAN, the former minister alleged that the commission commenced the sale of assets linked to her without allowing her to be heard.
She also alleged that several final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.
The former minister argued that she had not been convicted of any unlawful activity that would justify the forfeiture of her properties.
She further contended that the courts lacked jurisdiction to make the forfeiture orders without first hearing her.
Diezani said she had been outside Nigeria since 2015 while undergoing medical treatment and was not served with relevant court processes relating to the proceedings.
She also challenged the legal basis for the forfeiture orders, arguing that they were obtained under the civil standard of proof rather than the stricter standard applicable to criminal allegations.
According to her, three suits challenging the EFCC’s actions were pending before courts in Lagos, and the disputed assets should not have been sold while the forfeiture orders were being contested.
Diezani served as Nigeria’s Minister of Petroleum Resources under former President Goodluck Jonathan and left office in 2015. She has since faced corruption-related allegations and legal proceedings in Nigeria and the United Kingdom.