EFCC rejects Diezani’s bid to tender UK acquittal in Nigerian forfeiture case

The Economic and Financial Crimes Commission has opposed former Petroleum Minister Diezani Alison-Madueke’s bid to present evidence of her acquittal by a UK court in her ongoing case over forfeited assets in Nigeria.

The anti-graft agency urged the Federal High Court in Abuja to dismiss the application, arguing that the June 17 acquittal by the Southwark Crown Court in London was irrelevant to the issues before the Nigerian court.

The EFCC made its position known in a further counter-affidavit filed on October 5 in response to Diezani’s supplementary affidavit seeking to place the UK court decision before Justice Inyang Ekwo.

The commission argued that the proceedings in the UK were unrelated to the substantive suit before the Nigerian court because Diezani was not being prosecuted on those allegations in Nigeria.

“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 EFCC said.

The commission further argued that Diezani’s supplementary affidavit introduced issues that were immaterial to the case and could divert the court from determining the actual dispute before it.

The EFCC’s litigation officer, Oyakhilome Ekienabor, who deposed to the counter-affidavit, also disputed claims concerning properties listed for public sale.

He said there was nothing in the EFCC’s public sale notice indicating that any of the listed properties belonged to Diezani.

Ekienabor maintained that the forfeiture order at issue was limited to jewellery and did not cover other categories of assets or properties.

“The order for forfeiture relates exclusively to items of jewellery and does not extend to any other category of assets or properties,” he said.

He argued that parties could not expand the scope of a case by introducing unrelated facts and urged the court to discountenance Diezani’s supplementary affidavit.

The development followed an earlier decision by Justice Ekwo allowing Diezani to file additional evidence concerning her acquittal in the UK.

Diezani’s lawyer, Godwin Iyinbor, had sought permission to file a further affidavit after the former minister was discharged and acquitted by the Southwark Crown Court on June 17 over criminal allegations of bribery.

The application was not opposed by EFCC counsel, Mofesomo Oyetibo, SAN, at the time, prompting the court to grant the request.

Diezani is challenging the EFCC’s actions concerning the forfeiture and proposed sale of properties and personal effects allegedly linked to her.

In her amended originating motion, filed through her lawyer, Prof. Mike Ozekhome, she argued that the commission sought to impose serious proprietary consequences on her without a conviction, fair hearing or strict compliance with relevant laws governing forfeiture and disposal of assets.

Ozekhome argued that the UK acquittal constituted a subsequent material development that was unavailable when the original processes were filed.

He said the development was relevant to issues including the absence of conviction, fair hearing, due process and the legality of irreversible deprivation of property.

According to him, Diezani was not asking the Nigerian court to sit on appeal over the UK judgment or automatically treat it as conclusive of the Nigerian proceedings.

Rather, he said, the application was intended to place subsequent facts before the court to assist it in reaching a just determination of the case.

He also argued that allowing the evidence would not prejudice the EFCC and would serve the interest of justice.

Meanwhile, when the case came up on Tuesday, Diezani’s lawyer, Queen-Ubokutom Uwe, told the court that the EFCC had served them with its further counter-affidavit shortly before the hearing.

She also reminded the court of Diezani’s pending application to regularise her court processes.

EFCC counsel Paul Mgbeoma said he was ready to proceed with the matter.

Justice Ekwo subsequently adjourned the case until November 11 for hearing of the pending motions.