From Godwin Tsa Abuja
Justice Inyang Ekwo of the Abuja division of the Federal High Court has fixed May 29 for the hearing in a suit filed by former Minister of Petroleum Diezani Alison-Madueke to reclaim her forfeited assets.
On the fixed date, the court will proceed to hear both the preliminary objections raised by the Economic and Financial Crimes Commission (EFCC) and the substantive suit.
Justice Ekwo fixed the date after the prosecution counsel, Tayo Oyetibo, SAN, regularised his processes in the suit filed by the former minister.
The anti-graft agency had, in the public notice, announced the sale of the former minister’s assets beginning from Monday, January 9, 2023 to Friday, January 13, 2023.
Against the announcement, the former minister had, in the originating motion marked: FHC/ABJ/CS/21/2023, sued the EFCC as the sole respondent.
In the suit dated and filed on January 6, 2023, by Ozekhome, she sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property, among others.
The former minister had prayed the court to order the EFCC to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets or property.
Diezani, in an amended suit filed by her lawyer, Chief Mike Ozekhome, SAN, also sought an order setting aside the commission’s public notice issued and upon which it conducted the public sale by auction.
Before the court yesterday, the prosecution counsel informed the court that he have some house clearing applications to take before Diezani could proceed with the matter
However, counsel who appeared for Diezani, Godwin Iyinbor, said the matter was slated for hearing and that, subject to the convenience of the court, he was ready to proceed.
Itinbor said, “On our part, we do not have any housekeeping application, but the respondent does have. We are ready for hearing,’” he said.
Oyetibo then regularised their counter-affidavit filed on March 20, which Iyinbor had also responded to on March 25.
The anti-graft lawyer equally informed the court of their preliminary objection dated March 27 and filed today.
Iyinbor, who confirmed being served with the preliminary objection, did not oppose the motion Oyetibo filed seeking for an extension of time to deem it properly filed but asked for a cost.
Iyinbor equally asked for seven days to respond to the EFCC’s objection just served on them.
Justice Ekwo subsequently adjourned the matter until May 29 for hearing of the preliminary objection and the substantive matter.
The judge warned that on that day, the process of any party that is absent from court would be deemed as adopted.
If on that day, the matter can not go on because of a party, counsel to the party will be personally penalised,” the judge ruled.
The EFCC had, in the preliminary objection dated and filed today, March 27 by Oyetibo, prayed the court to strike out the suit for lack of jurisdiction.
Giving a two-ground argument, the EFCC submitted that Diezani failed to serve a pre-action notice on the commission prior to the commencement of the suit as required by law.
“The court therefore lacks the jurisdiction to entertain the suit,” it argued.
in the amended suit, Diezani wants the court to declare that the public sale conducted by the EFCC between the said date, which affected her proprietary were issued and/or conducted in absolute breach of statutory provisions, particularly the EFCC Act, 2004, the Proceeds of Crime Recovery and Management. Act, 2022.
She said it was also in absolute breach of her right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution (as altered), and other similar constitutional and statutory.
In addition, she sought an order restraining the EFCC from disposing of the said properties listed in the said public notice affecting the proprietary rights of the applicant.”