Alex Enumah in Abuja
Former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, has approached a Federal High Court, Abuja for an order setting aside earlier permission granted the federal government to take final seizure of some of her assets.
In an originating motion brought before the court on Monday, Alison-Madueke s also requested for an order extending the time within which she can get leave of court to apply for an order setting aside the Economic and Financial Crimes Commission (EFCC’s) public notice issued to conduct public sale on her property.
The anti-corruption agency had planned to conduct public sale of all assets seized from the former Minister, beginning from January 9 as contained in its public notice following various court judgments/orders issued in favour of the commission as final forfeiture orders against property and personal effects of the former minister.
The applicant in the motion marked: FHC/ABJ/CS/21/2023, argued that the various orders were made without jurisdiction, adding that these “ought to be set aside ex debito justitiae.”
She informed the court that she was not given fair hearing in all the proceedings leading to the orders.
The motion dated and filed January 6 by her lawyer, Chief Mike Ozekhome, SAN further argued that, the various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct public sales 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 argued that she was neither served with the charge sheet and proof of evidence in any of the charge nor any other summons in respect of the criminal charges pending against her before the court.
She further argued that the courts were misled into making several of the 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 fair hearing and right to property accorded the applicant by the constitution.
“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given.
But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Alison-Madueke’s application, on the grounds that she was charged before the court in charge no: FHC/ABJ/CR/208/2018.
The EFCC operative, who said he had seen the ex-minister’s motion, said most of the depositions were untrue, adding that contrary to her deposition most of the cases which led to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by this honourable court.”
He said the courts differently ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the federal government, before final orders were made.
Upon mentioning the matter on Monday, Alison-Madueke’s counsel, Oluchi Uche, told Justice Ekwo that they were just been served by the EFFC on Friday and they would need time to respond to the counter affidavit.
Farouk Abdullah, who appeared for the anti-graft agency, did not oppose and the judge adjourned the matter until May 8 for hearing.
