Former Petroleum Minister, Diezani’s Suit Against EFCC Stalled
The matter, which was brought before Justice Inyang Ekwo, was fixed for further mention in the day’s cause list.
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| Diezani Alison-Madueke |
The suit filed by Diezani Alison-Madueke, the former Minister of Petroleum, during the administration of President Goodluck Jonathan challenging the order obtained by the Economic and Financial Crimes Commission, EFCC, for final forfeiture of her seized assets, was stalled at a Federal High Court, Abuja on Monday, October 7.
The matter, which was brought before Justice Inyang Ekwo, was fixed for further mention in the day’s cause list.
However, the case could not proceed because the court did not sit.
Justice Ekwo was said to be attending a seminar at the National Judicial Institute (NJI) in Abuja.
The matter was subsequently fixed for Nov. 21.
The News Agency of Nigeria (NAN) reports that the ex-minister had, through her counsel, Chief Mike Ozekhome, SAN, sued the anti-graft agency as the sole respondent.
Alison-Madueke, in the suit marked: FHC/ABJ/CS/21/2023, sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property.
In the motion dated and filed on Jan. 6, 2023, by her lawyer, the former minister sought five orders from the court.
The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”
Alison-Madueke alleged that she was not given a fair hearing in the proceedings leading to the orders.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.
The former minister argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons regarding the criminal charges pending against her before the court.
She further argued that the courts were misled into making several final forfeiture orders against her assets through suppression or non-disclosure of material facts.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts, and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all.
“The orders were made without recourse to the constitutional right to a fair hearing and right to property accorded the applicant by the constitution.
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