Seized assets: Diezani’s UK acquittal immaterial, EFCC tells court

The Economic and Financial Crimes Commission has urged the Federal High Court in Abuja to disregard the acquittal of former Petroleum Resources Minister Diezani Alison-Madueke by a United Kingdom court, arguing that the judgment has no bearing on the ongoing forfeiture proceedings involving assets linked to her.

The EFCC made the submission in a further counter-affidavit filed in opposition to Diezani’s application seeking to tender the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations.

Justice Inyang Ekwo had on July 1 granted the former minister permission to present the UK judgment as evidence in the Nigerian proceedings. The EFCC has now maintained that the UK case is separate from the Nigerian forfeiture proceedings and should not affect the court’s determination.

The anti-graft agency argued that the proceedings before the Southwark Crown Court concerned a case that was not being prosecuted before a Nigerian court and therefore had no bearing on the substantive suit before the Federal High Court.

The EFCC also asked the court to dismiss Diezani’s application and supplementary affidavit, describing some of the claims contained in them as misleading.

According to the commission, the Nigerian forfeiture proceedings concern properties covered by final forfeiture orders that remain valid and have not been set aside.

The EFCC said the properties were sold pursuant to final forfeiture orders issued 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 commission further said it had published notices in newspapers inviting interested parties to show cause why the assets should not be forfeited before the final orders were made. It maintained that the subsequent disposal of the properties was carried out in accordance with due process.

Diezani, however, is asking the court to order the EFCC to retrieve properties allegedly sold to third parties.

In the suit, marked FHC/ABJ/CS/21/2023, and filed through her counsel, Prof. Mike Ozekhome, SAN, the former minister alleged that the EFCC began selling assets linked to her without giving her a fair hearing.

She argued that several final forfeiture orders were obtained through alleged misrepresentation, suppression and non-disclosure of material facts.

Diezani also contended that she had never been convicted of any unlawful activity that could justify the forfeiture of her properties. She argued that the courts lacked jurisdiction to make the orders without first hearing her case.

The former minister further stated that she had been outside Nigeria since 2015 while receiving medical treatment and was not served with the relevant court processes.

She also challenged the use of the civil standard of proof in the forfeiture proceedings, arguing that criminal allegations require a stricter standard of proof.

Diezani said she had three other suits pending against the EFCC in Lagos and maintained that the assets should not have been sold while challenges to the forfeiture orders remained before the courts.

The EFCC, in response, said criminal proceedings had been instituted against Diezani in Nigerian courts following investigations into her activities while she was a public official.

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

The dispute follows Diezani’s June 17 acquittal in the UK, where a Southwark Crown Court jury cleared her of the criminal allegations brought against her. A Federal High Court judge had subsequently allowed her to tender evidence of the UK judgment in her Nigerian asset-forfeiture case.

The EFCC is now arguing that the UK acquittal should not invalidate Nigerian forfeiture orders that remain in force.

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