KEY POINTS

• Diezani Alison-Madueke challenges the EFCC over seized assets.
• The EFCC claims Alison-Madueke did not follow proper procedures.
• The court will hear both the objection and the main suit on May 29.

The Federal High Court in Abuja has set May 29, 2025, for the hearing of a preliminary objection raised by the Economic and Financial Crimes Commission (EFCC) against a suit filed by Diezani Alison-Madueke, Nigeria’s former Minister of Petroleum Resources.

The suit challenges the forfeiture of her assets, which were seized in a public auction by the EFCC.

The EFCC filed its preliminary objection on March 27, 2025, arguing that the court lacks jurisdiction to hear Diezani asset suit, claiming she did not serve a pre-action notice as required by law.

Tayo Oyetibo, the EFCC’s lawyer, called for the suit to be struck out for this reason.

In her suit, Alison-Madueke, through her lawyer Mike Ozekhome (SAN), seeks to have the EFCC’s public auction of her assets annulled.

According to Punch, she claims the sale was unlawful and demands that the seized assets be returned from their new owners.

Legal battle over forfeited assets intensifies

Alison-Madueke argues that the public auction conducted under final forfeiture orders violated several statutory provisions, including the EFCC Act, 2004, and the Proceeds of Crime Recovery and Management Act, 2022.

She also asserts that the auction breached her constitutional right to a fair hearing under Section 36(1) of the 1999 Constitution.

Diezani amended asset suit, filed after Justice Inyang Ekwo approved her request to amend on February 17, calls for an injunction to prevent further sales of her property.

In the amended claim, Alison-Madueke requests that the EFCC revoke its authorization to sell her assets publicly.

The EFCC maintains that they conducted the sale based on court directives and Alison-Madueke received no infringement of her rights.

The agency asserts that the forfeiture orders, issued by the Federal High Court in 2019, were obtained through due process.

Court proceedings to proceed in late May

At the most recent court session, Alison-Madueke’s lawyer, Tayo Iyinbor, requested seven days to file a response to the EFCC’s objection.

However, Oyetibo indicated he had other matters to attend to before the main case could proceed.

Justice Ekwo adjourned the case until May 29 for the hearing of both the preliminary objection and the substantive suit.

The judge warned that if any party failed to appear, their submissions would be automatically accepted as valid.

“If the matter cannot proceed on that day due to the absence of any party, their counsel will face personal penalties,” Justice Ekwo said.