The former oil minister, Diezani Alison-Madueke, prayed to the High Federal Court in Abuja to order the FCC to recover from people, natural or corporate, to whom he had sold his activities or the property seized.
Diezani, in a modified case presented by his lawyer, head Mike Ozekhome, San, before the judge Inyang Ekwo, also sought an order that issued a public notice of the commission issued and on which he conducted public sale for auction.
The news agency of Nigeria (Nan) reports that the anti-Innesto agency had, in public notice, announced the sale of the activities of the former minister starting from Monday 9 January 2023 to Friday 13 January 2023.
Against the announcement, the former minister had, in the motion of marked origin: FHC/Abj/CS/21/2023, he had sued the EFCC as the only respondent.
In the case dated and presented on January 6, 2023 by Ozekhome, he sought an order that extended time to ask for permission to request the court for an order to put aside the public notice of the FCCC issued to conduct public sale on his property, among others.
In the meantime, on February 17, judge Ekwo granted Diezani’s request to modify the cause after the motion was moved to Godwin Iyinbor, who appeared for the former minister, and the Council of the FCC, Divine Oguru, did not oppose it.
After resuming the hearing on Monday, Iyinbor informed the court which based on the order of the court made on the last updated date, a modified motion of origin had been presented and given to the FCC on February 20.
The lawyer, however, said that the anti-Innesto agency served them with their sworn declaration on March 14, pushing his request for updating to allow them to answer the Commission process.
Judge Ekwo, however, reminded Iyinbor of the time when the case had been filed since it was presented in 2023.
Oguru, who represented the EFCC, apologized for the delay in responding to the motion of origin of the actor.
“We will be ready to go on in the next updated appointment, my gentleman,” he said
Subsequently, the judge updated the matter until March 27 for hearing.
Nan reports that in the modified case, Diezani wants the court declares that public sale conducted by the EFCC between the date date that influenced its owner has been issued and/or conducted in absolute violation of the statutory provisions, in particular the EFCC Act, 2004, the proceeds of the recovery and management of crime), 2022.
He said he was also an absolute violation of his right to good hearing, as guaranteed by section 36 (1) of the 1999 Constitution (as altered) and other similar constitutional and statutory similar ones.
He has sought an order that prevents FCC from disposing of the said properties listed in this public notice concerning the applicant’s owners’ rights. “
He also wants the Court issues an order that frees the public notice issued by the EFCC which was based on various judgments/orders issued in favor of the Commission “as final decline orders against the properties and/or personal effects that affect the applicant’s property rights for lack of jurisdiction and lack of equitable hearing.”
The former minister equally sought an order that extended the time within which he can seek permission to apply to the court for an order to leave, download and/or set aside the public notice issued by the Commission, among others.
But the EFCC, in its sworn declaration dated and presented on March 14, prayed to the Court of rejecting the case.
In the security declaration made by Oyakhilome EkienaBor, a litigation officer in the law firm of the lords Tayo Oyetibo LP, said that the depositions in Diezani’s security declaration in some of the paragraphs were false.
He said that following extensive investigations on Diezani’s activities while he was a public officer, the criminal proceedings began against her in various courts including the High Federal Court.
“These include charge n. FHC/Abj/Cr/208/2018 filed on November 14, 2018 and the office n.
Contrary to the topic of the finer Minister, he told the sale of the property that previously belonged to them was conducted in execution of the final orders of the FHC decline made “On 9 July 2019 (Coram Hon. Justice, Ca. Obiozor) and on September 10, 2019 (Coram Hon. Justice in Oweibo)”.
According to EkienaBor, the final orders of forfeiture have not been made in violation of the applicant’s right to a fair hearing as alleged or other.
“The cases that led to the final decline of the disputed properties were the actions in Rem and the decisions made in those cases as they touch the properties are binding all over the world.
“During the proceedings that led to the final orders of forfeiture, the Court ordered the defendant to make a publication of newspapers inviting any person interested in showing so that the said properties should not be renounced in the federal government.
“In addition, a Nnamdi Awa Kalu represented the applicant in reaction to one of the decadence applications pursuant to which the order on display EFCC 2 was issued by Oweibo, J. on September 10, 2019.
“After considering the presentations made by the legal consultant to the applicant in relation to his property of the properties in question, the Court subsequently issued the orders of final decline in relation to the properties.
“The final orders of forfeiture pursuant to the sale of the properties are still in force and have not been set aside,” he said.
EkienaBor said that the dedicated property was eliminated in accordance with the right legal process. (Nan)