The Federal High Court in Abuja has adjourned proceedings in the suit filed by former Petroleum Minister, Diezani Alison-Madueke, seeking to recover her forfeited assets.
The case will now be heard on May 29, 2025, alongside a preliminary objection raised by the Economic and Financial Crimes Commission.
The EFCC, through its lawyer, Tayo Oyetibo, has urged the court to strike out Alison-Madueke’s suit, arguing that she failed to serve a pre-action notice as required by law.
“The failure to provide a pre-action notice means the court lacks the jurisdiction to entertain this matter,” Oyetibo stated in the objection, which was filed on March 27.
Alison-Madueke, represented by her counsel, Mike Ozekhome (SAN), is challenging the EFCC’s public auction of her assets. She contends that the sale violated statutory provisions and her right to a fair hearing under Section 36(1) of the 1999 Constitution.
In her amended suit, marked FHC/ABJ/CS/21/2023, she asked the court to declare the auction illegal and order the EFCC to retrieve her seized assets from the buyers. She further requested an injunction preventing the anti-graft agency from selling any more of her properties.
“The EFCC’s public notice authorizing the sale of my assets was issued unlawfully,” Alison-Madueke argued, seeking an extension of time to challenge the auction.
However, the EFCC countered that the asset sales were conducted legally. “The forfeiture orders were granted by the Federal High Court on July 9, 2019, and September 10, 2019, through due process,” the agency stated in its counter-affidavit. “The sale of the properties was executed in line with these final forfeiture orders and did not violate the applicant’s right to a fair hearing.”
At the resumed hearing, Alison-Madueke’s lawyer, Tayo Iyinbor, requested seven days to respond to the EFCC’s preliminary objection. Oyetibo, however, indicated that other pending applications needed to be addressed before the substantive case could proceed.
Presiding over the matter, Justice Inyang Ekwo ruled that both the preliminary objection and the main suit would be heard on May 29. He warned that any party absent at the next hearing would have their submissions considered as adopted.
“If the matter cannot proceed on that day due to the absence of any party, the counsel for that party will face personal penalties,” Justice Ekwo ruled.
