Diezani: EFCC Says UK Acquittal Has no Bearing on Nigerian Forfeiture Case

By Adedapo Adesanya

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

The anti-graft agency made the submission in a further counter-affidavit opposing Mrs Diezani’s application to tender the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations.

The commission argued that the UK proceedings were unrelated to the Nigerian case and had no effect on the final forfeiture orders covering the disputed assets.

According to the EFCC, the assets were forfeited pursuant to final orders issued by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019.

It maintained that the orders remain valid and have not been set aside, adding that the properties were sold in accordance with due process of law.

Mrs Diezani, through her counsel, Prof. Mike Ozekhome, SAN, is seeking an order directing the EFCC to retrieve properties allegedly sold to third parties.

She alleged that the commission commenced the sale of assets linked to her without affording her fair hearing and argued that some of the forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.

The former minister also contended that she had never been convicted of any unlawful activity warranting the forfeiture of her properties and that she had been outside Nigeria since 2015 for medical treatment without being served relevant court processes.

She further argued that the forfeiture orders were made on a civil standard of proof rather than the stricter standard applicable to criminal allegations.

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

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