EFCC: Diezani’s UK Acquittal Has No Bearing on Nigerian Forfeiture Case

ABUJA—The Economic and Financial Crimes Commission, EFCC, has told the Federal High Court in Abuja that the United Kingdom acquittal of former Petroleum Resources Minister, Diezani Alison-Madueke, is immaterial to the ongoing legal battle over assets linked to her.

The commission made the argument in a further counter-affidavit filed in response to Diezani’s bid to tender the June 17 judgment of the Southwark Crown Court in London, where she was discharged and acquitted of bribery and corruption allegations.

Justice Inyang Ekwo had earlier, on July 1, allowed the former minister to present the UK judgment before the court as evidence.

The EFCC, however, insisted that the UK proceedings were unrelated to the Nigerian case and had no effect on the final forfeiture orders used to dispose of the properties in question.

“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 commission said.

The anti-graft agency further asked Justice Ekwo to dismiss Diezani’s application and supplementary affidavit, alleging that some of the statements contained in them were misleading.

The EFCC maintained that the assets at the centre of the dispute were subject to final forfeiture orders issued by Nigerian courts and that none of the orders had been overturned.

It said the properties were sold following final forfeiture orders made by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019.

The commission also said it had complied with due process by publishing newspaper notices inviting interested persons to explain why the assets should not be forfeited before the final orders were issued.

“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 EFCC stated.

But Diezani has asked the court to order the EFCC to recover properties allegedly sold to third parties.

Through her counsel, Prof. Mike Ozekhome, SAN, she filed suit number FHC/ABJ/CS/21/2023, alleging that the EFCC commenced the disposal of assets linked to her without giving her an opportunity to be heard.

She alleged that some of the final forfeiture orders were secured through misrepresentation, suppression and failure to disclose material facts.

Diezani also argued that she had not been convicted of any unlawful conduct that could justify the forfeiture of her properties, insisting that the courts lacked jurisdiction to issue the orders without hearing her.

She said she had been outside Nigeria since 2015 for medical treatment and was not served with the relevant court processes.

According to her, the forfeiture orders were based on the civil standard of proof rather than the higher standard applicable to criminal allegations.

The former minister further disclosed that she had three suits pending against the EFCC in Lagos, arguing that the disputed properties should not have been sold while the forfeiture orders remained under challenge.

The EFCC countered that criminal cases had been filed against Diezani in different Nigerian courts following investigations into her activities while she was a public servant.

The commission referred to charges including FHC/ABJ/CR/208/2018 and HC/ADYL/56C/2017, filed before the Federal High Court and Adamawa State High Court respectively.

Justice Ekwo has adjourned the case until November 11 for hearing of the pending applications.