The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to discount a United Kingdom acquittal of former petroleum minister Diezani Alison-Madueke, arguing the London judgment is irrelevant to the ongoing Nigerian case over assets linked to her.
In a further counter-affidavit filed against Diezani’s application to tender the June 17 judgment of the Southwark Crown Court — which discharged and acquitted her of bribery allegations — the EFCC said the UK proceedings are separate and have no bearing on the matters before Justice Inyang Ekwo.
“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 commission stated.
The EFCC told the court that the forfeiture orders underpinning the disposal of the assets remain valid and have not been set aside. It said the properties were disposed of pursuant to final forfeiture orders made by the Federal High Court, including orders issued by Justice C.A. Obiozor on July 9, 2019, and Justice I.N. Oweibo on September 10, 2019. Notices inviting interested parties to show cause why the assets should not be forfeited were published in newspapers before the final orders, the commission added.
The anti-graft agency also disputed the scope of Diezani’s claims, saying the forfeiture order cited in its counter-affidavit related exclusively to jewellery and did not extend to other categories of assets or properties.
Diezani, through counsel Prof. Mike Ozekhome, SAN, asked the court to treat the UK acquittal as a subsequent development relevant to her challenge of the forfeiture and proposed sale of properties and personal effects she says affect her proprietary rights. Her team said the acquittal is material because it post-dates earlier processes and bears on issues including the absence of a conviction, fair hearing, due process and the legality of depriving her of property.
She has also asserted that she was never convicted in Nigeria to justify the forfeitures, that some orders were obtained through misrepresentation and non-disclosure, and that she had been outside Nigeria since 2015 for medical treatment and was not served with relevant court processes. Diezani is challenging the EFCC’s proposed sale of assets while related cases remain pending and has urged the commission to recover properties allegedly sold to third parties.
The EFCC said criminal proceedings have been instituted against Diezani in Nigerian courts following investigations into her conduct while a public official.
Justice Ekwo adjourned the matter until November 11 for hearing of the pending applications, when the court will determine whether to admit and consider the UK judgment in the Nigerian asset-forfeiture dispute.
