Court allows Diezani to tender UK acquittal in asset forfeiture case

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Key points

• A Federal High Court has granted Diezani Alison-Madueke permission to present evidence of her acquittal by a UK court.
• The former petroleum minister is seeking to recover assets previously forfeited to the EFCC.
• The EFCC did not oppose the application, although it described it as unnecessary.
• The court will hear the preliminary objection and the substantive suit together on October 6.

Main story

The Federal High Court in Abuja has granted former Minister of Petroleum, Diezani Alison-Madueke, permission to file additional evidence showing that she was acquitted by a United Kingdom court, as she continues her legal battle to reclaim assets previously forfeited to the Economic and Financial Crimes Commission (EFCC).

Justice Inyang Ekwo granted the application after Diezani’s counsel, Godwin Iyinbor, sought leave to file a supplementary affidavit informing the court of her acquittal by the Southwark Crown Court in London on June 17. The court also ordered that the additional affidavit be deemed properly filed.

The EFCC, represented by Mofesomo Oyetibo (SAN), did not oppose the application, although the commission argued that the motion was unnecessary and merely intended to draw the court’s attention to the UK court’s decision.

Justice Ekwo subsequently adjourned the matter until October 6, when both the EFCC’s preliminary objection and the substantive suit will be heard together.

Diezani is challenging the forfeiture and planned disposal of assets by the EFCC through an amended originating motion marked FHC/ABJ/CS/21/2023.

In her court filings, she argues that the anti-graft agency violated her constitutional right to fair hearing by pursuing forfeiture of her properties without first securing a criminal conviction or fully complying with statutory procedures governing asset forfeiture and disposal.

Her legal team contends that the UK court’s decision represents a significant development because it reinforces her argument that she has not been convicted of the allegations that formed part of the basis for the forfeiture proceedings.

According to the application filed by her lead counsel, Prof. Mike Ozekhome (SAN), the acquittal is not being presented as binding on the Nigerian court but as a material fact that arose after the commencement of the suit and could assist the court in determining whether due process was followed before the assets were forfeited.

The lawyers argued that the new evidence relates directly to issues of conviction, fair hearing, due process and the legality of permanently depriving an individual of property without complying with statutory safeguards.

They further maintained that admitting the evidence would not prejudice the EFCC but would enable the court to determine the dispute on the basis of all relevant facts.

The issues

The case raises broader questions about civil asset forfeiture in Nigeria, particularly whether assets can be permanently forfeited without a criminal conviction and the extent to which foreign court decisions may be considered in related domestic proceedings.

What’s being said

“The applicant was acquitted by the Southwark Crown Court, London… a proceeding of obvious material relevance to the allegations repeatedly referenced in relation to the applicant.” — Prof. Mike Ozekhome (SAN)

“They just want to bring to your lordship’s attention that the applicant has been exonerated in UK.” — Mofesomo Oyetibo (SAN), counsel to the EFCC

What’s next

The Federal High Court will hear both the EFCC’s preliminary objection and Diezani Alison-Madueke’s substantive suit on October 6, when it will begin considering the merits of her challenge to the forfeiture of her assets.

Bottom line

The court’s ruling does not determine the ownership of the disputed assets but allows Diezani Alison-Madueke to rely on her UK acquittal as part of her case against the EFCC’s forfeiture actions.