The Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court in Abuja to disregard the recent acquittal of former Minister of Petroleum Resources, Diezani Alison-Madueke, by a United Kingdom court in determining the ongoing forfeiture case involving assets linked to her.
The anti-graft agency argued that the decision of the Southwark Crown Court in London has no bearing on the Nigerian proceedings because the two cases concern separate proceedings and legal issues.
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 UK court, which discharged and acquitted her of bribery and corruption allegations.
The development is part of a legal battle over several properties linked to the former minister which the EFCC said were forfeited pursuant to final orders issued by Nigerian courts.
According to the commission, the forfeiture orders remain valid because they have neither been set aside nor overturned.
The EFCC said the properties were disposed of in accordance with the 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 also told the court that notices had been published in newspapers inviting interested persons to show cause why the assets should not be forfeited before the final orders were made.
Diezani, however, is challenging the forfeiture and sale of the properties.
Through her counsel, Prof. Mike Ozekhome, SAN, she has asked the court to order the EFCC to retrieve properties allegedly sold to third parties.
The former minister contended that the commission commenced the sale of assets linked to her without giving her a fair hearing. She also alleged that some of the final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.
Diezani further argued that she had never been convicted of any unlawful activity that would justify the forfeiture of her properties. She said she had been outside Nigeria since 2015 while undergoing medical treatment and was not served with relevant court processes.
The EFCC, however, maintained that criminal proceedings had been instituted against Diezani in various Nigerian courts following investigations into her activities while she served as a public official.
Justice Inyang Ekwo had earlier granted Diezani permission to present the UK judgment as evidence in the Nigerian case.
The EFCC is now asking the court to dismiss the application and supplementary affidavit filed by the former minister, describing some of the claims contained in them as misleading.
