The Economic and Financial Crimes Commission has asked the Federal High Court in Abuja to reject former Minister of Petroleum Resources Diezani Alison-Madueke’s attempt to rely on her acquittal by a United Kingdom court in her challenge against the forfeiture and planned sale of her assets.
The anti-graft agency made the request in a further counter-affidavit filed before Justice Inyang Ekwo.
The EFCC argued that the June 17 acquittal by the Southwark Crown Court in London had no bearing on the issues before the Nigerian court because the UK proceedings were unrelated to the substantive suit.
The commission said, “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.”
Alison-Madueke had asked Justice Ekwo for permission to introduce the UK judgment as a fresh development in her suit challenging the forfeiture and proposed sale of assets linked to her.
The judge granted the application on July 1 after the EFCC lawyer, Mofesomo Oyetibo, did not oppose it at the time.
However, after the former minister’s counsel filed a further affidavit, the EFCC responded with its counter-affidavit on October 5.
The commission accused Alison-Madueke of attempting to introduce matters outside the scope of the suit through the additional filing.
It also argued that the public notice for the proposed sale did not establish that the properties listed belonged to the former minister.
The EFCC further maintained that the forfeiture order at the centre of the case covered jewellery alone and did not extend to other properties or assets.
“The applicant’s further/supplementary affidavit introduces irrelevant facts into this suit, thereby diverting attention from the core issues before this honourable court,” the commission said.
Alison-Madueke, through her lawyer, Mike Ozekhome, had argued that her UK acquittal was relevant to her challenge against the EFCC’s planned auction of her assets.
Ozekhome said the judgment constituted a new development that occurred after the former minister filed the suit and, therefore, could not have featured in her earlier court processes.
He argued that the acquittal raised issues concerning the absence of a conviction, due process and the legality of the forfeiture and proposed disposal of her properties.
A UK jury acquitted Alison-Madueke at the Southwark Crown Court of five counts of accepting bribes and one count of conspiracy to commit bribery.
She served as Minister of Petroleum Resources from 2010 to 2015 under former President Goodluck Jonathan.
At Tuesday’s proceedings, Alison-Madueke’s lawyer, Queen-Ubokutom Uwe, told the court that the EFCC had served her with its further counter-affidavit.
EFCC counsel, Paul Mgbeoma, said the commission was ready to proceed with the hearing.
Justice Ekwo subsequently fixed November 11 for the hearing of the pending motions.
