Diezani’s UK acquittal does not affect forfeiture orders – EFCC

The Economic and Financial Crimes Commission has asked the Federal High Court in Abuja to reject former Petroleum Resources Minister Diezani Alison-Madueke’s argument that her acquittal by a United Kingdom court affects forfeiture orders covering assets linked to her.

In a further counter-affidavit, the EFCC opposed Alison-Madueke’s application to tender a June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations. Justice Inyang Ekwo had granted her permission on July 1 to present the judgment as evidence. However, the commission argued that the British proceedings were unrelated to the Nigerian suit and did not affect the forfeiture orders.

“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 also urged the court to dismiss her application and supplementary affidavit, describing some of their contents as misleading. It said the disputed properties were sold under final forfeiture orders issued by Justice C.A. Obiozor on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019. According to the commission, newspaper notices invited interested parties to contest the forfeiture 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. Alison-Madueke is asking the court to direct the commission to retrieve properties allegedly sold to third parties. In the suit, numbered FHC/ABJ/CS/21/2023 and filed through her counsel, Professor Mike Ozekhome, SAN, she alleged that the EFCC began selling assets linked to her without giving her an opportunity to be heard.

She contended that several forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts. She also argued that she had not been convicted of unlawful activity justifying forfeiture and that the courts lacked jurisdiction to issue the orders without hearing her.

The former minister said she had been outside Nigeria since 2015 for medical treatment and had not been served with the relevant court documents. She further challenged the use of the civil standard of proof in the forfeiture proceedings and said the properties should not have been sold while three suits contesting the orders remained pending in Lagos.

The EFCC said investigations into her conduct as a public servant had resulted in criminal proceedings in Nigerian courts. It cited charges numbered FHC/ABJ/CR/208/2018 before the Federal High Court and HC/ADYL/56C/2017 before the Adamawa State High Court. Justice Ekwo adjourned the matter until November 11 for the hearing of pending applications.

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