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Diezani Alison-Madueke Moves To Recover Seized Assets

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A former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, has prayed a Federal High Court in Abuja to vacate an order granted to the Economic and Financial Crimes Commission for final forfeiture of her seized assets.

Alison-Madueke, in an originating motion, sought an order extending the time within which to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct public sale on her property.

The News Agency of Nigeria reported that the anti-corruption agency had planned to conduct public sale of all assets seized from Alison-Madueke beginning from Jan. 9 as contained in its public notice following various court judgments/orders issued in favour of the commission as final forfeiture orders against property and personal effects of the former minister.

READ ALSO: Court Strikes Out Saraki’s Suits Against EFCC, Others

But in the motion marked: FHC/ABJ/CS/21/2023 dated and filed Jan. 6 by her lawyer, Chief Mike Ozekhome, SAN, before Justice Inyang Ekwo, the ex-minister sought five orders from the court. While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.

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The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”

She said she was not given fair hearing in all the proceedings leading to the orders.

“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct public sale of items contained in the public notice most of which court the interest of the applicant were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.

She argued that she was neither served with the charge sheet and proof of evidence in any of the charge nor any other summons howsoever and whatsoever in respect of the criminal charges pending against her before the court.

She further argued that the courts were misled into making several of the final forfeiture orders against her assets through suppression or non-disclosure of material facts.

“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set-aside same ex debito justitiae, as a void order is as good as if it was never made at all.

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READ ALSO: JUST IN: EFCC Records Six Successful Bids For Forfeited Properties

“The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution.

“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given.

But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Alison-Madueke’s application.

Zaki, who was a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said investigation had clearly shown that she was involved in some acts of criminality.

He said Alison-Madueke was, therefore, charged before the court in charge no: FHC/ABJ/CR/208/2018.

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We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14th November, 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said.

The EFCC official, who said he had seen the ex-minister’s motion, said most of the depositions were untrue.

He said contrary to her deposition in the affidavit in support, most of the cases which led to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by this honourable court.”

He said the courts differently ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the Federal Government, before final orders were made.

Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications.

“We humbly rely on the judgment of Hon. Justice I.LN. Oweibo dated 10th September, 2019 shown in Exhibit C of the applicant’s affidavit,” he said.

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READ ALSO: Forfeited Properties: EFCC Disqualifies N13bn Bid For Banana Island Flats

The officer said contrary to Alison-Madueke, the final forfeiture of the assets which were subject of the present application was ordered by the court since 2017 and that this was not set aside or upturned on appeal.

According to him, the properties have been disposed off through due process of law.

Upon mentioning the matter on Monday, Alison-Madueke’s counsel, Oluchi Uche, told Justice Ekwo that they were just served by the EFFC on Friday and they would need time to respond to the counter affidavit.

Farouk Abdullah, who appeared for the anti-graft agency, did not oppose and the judge adjourned the matter until May 8 for hearing.
NAN/PUNCH

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INEC To Publish Edo Gov Candidates’ Credentials Saturday

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Ahead of the September 21, 2024, Edo State governorship election, the Independent National Electoral Commission has said it would publish the particulars of 17 governorship candidates and their running mates on March 30, 2024.

The personal particulars of the candidates would be published by displaying copies of Form EC9 along with all academic credentials and other documents submitted by each candidate at the state headquarters and the 18 local government offices across Edo State.

INEC’s National Commissioner and Chairman, Information and Voter Education Committee, Sam Olumekun, disclosed this on Wednesday.

READ ALSO: [JUST IN] Okuama Killings: Army Declares Eight Persons Wanted [FULL LIST]

Olumekun said, “Following the conclusion of party primaries, 17 political parties have uploaded their candidates’ nomination forms for the Edo State Governorship Election by the deadline of 6 pm on 24th March 2024 when the dedicated portal automatically shut down.

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“The personal particulars of the governorship candidates and their running mates will be published on Saturday 30th March 2024, a week from the last date for the submission of nominations as provided in Section 29(3) of the Electoral Act 2022.

“The commission shall publish the personal particulars by displaying copies of Form EC9 along with all academic credentials and other documents submitted by each candidate at the state headquarters and the 18 local government offices across Edo State.”

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The commission appealed to Nigerians to scrutinise the document (particulars of the candidates) when published.

“We appeal to Nigerians to scrutinise the documents. Any aspirant who participated in his/her party primaries with reasonable grounds to believe that the information provided by the candidate is false can challenge the nomination in a Federal High Court as provided in Section 29(5) of the Electoral Act 2022,” the National Commissioner said.

The INEC Chairman, Prof Mahmood Yakubu, had last week expressed the frustration of the electoral body over the rancorous primary elections in various political parties ahead of the September 21, 2024 governorship election in Edo State.

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Yakubu, who spoke in Abuja at the first regular quarterly consultative meeting with political parties, said INEC found the infighting within political parties disruptive of its activities, adding that INEC also wastes funds to defend litigation arising from controversial primaries.

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Commission Probes 400 Cases Of Privacy Breach In Online Loan Apps

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The Nigeria Data Protection Commission has said it is investigating over 400 cases of privacy breaches involving online loan apps.

Cases of data privacy breaches have become prevalent in recent times due to the proliferation of digital lending platforms.

The commission made this known in its 2023 Annual Report made available to The PUNCH on Thursday.

It noted that its ongoing investigations have revealed that “loan apps are overly intrusive.”

NDPC is also seeking a ban or restriction on mobile numbers found to have been used by lenders to breach the privacy of their customers.

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“They generally violate the principles of Data Protection and Privacy because they have access to contacts, pictures, messages, etc. of data subjects,” the commission stated.

This indicated that despite an April 2023 policy introduced by Google banning loan apps from accessing photos and contacts of users, the practice has continued.

Acknowledging that privacy breaches by loan apps are a systemic problem, the commission said it is also adopting a systemic solution by working with other regulators and third-party platforms being used by the lenders.

A user of a loan app, Haruna Michael, who spoke to The PUNCH on Thursday, said that one of the digital lenders used his photos and tagged him as a fleeing criminal because he defaulted in paying the loan he received within the stipulated time.

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He said his contacts were reached and he was reported as a fraudster.

“Over 400 cases of privacy breaches involving shadowy loan sharks are being addressed at the systemic level.

“The commission has now drafted the Nigeria Data Protection Act-General Application and Implementation Directive which addresses the abetment of data breaches, the need for data ethics and privacy by design and by default among others.

“Under abetment, the third-party platforms through which data privacy breaches take place will now be required to deny access to those who use their platforms for privacy breaches.

READ ALSO: Man Slumps, Dies During Fight In Kwara

“Organisations, particularly communication networks should be willing to restrict or ban telephone lines that are implicated in privacy violations,” the commission said.

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The NDPC added that it is also collaborating with regulators under the Joint Enforcement and Regulatory Taskforce to sanitise the digital lending space.

It noted that the Federal Competition and Consumer Protection Commission now requires lending companies to obtain data protection clearance from NDPC before operation.

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JUST IN: Military Yields To Pressure, Frees Abducted Lagos Editor

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Military authorities, on Thursday, yielded to pressure and released the Editor of FirstNews, Segun Olatunji, who was abducted from his home in Lagos State on Friday, March 15, 2024.

The PUNCH can confirm that he was released to some media stakeholders, including Yomi Odunuga of The Nation newspaper and Iyobosa Uwugiaren of Thisday Newspaper in Abuja on Thursday after sustained pressure from the media.

They were asked to guarantee that they would make Olatunji available if needed again.

READ ALSO: Alleged Defamation: Foremost Edo-based Human Rights Activist Granted Bail

The International Press Institute, the Nigeria Guild of Editors, and Olatunji’s employers had in separate statements, faulted his incarceration, asking authorities to either release the editor or charge him to court.

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Recall that Olatunji, a former Kaduna State correspondent of The PUNCH, was abducted by men in military uniform from his home in the Iyana Odo, Abule Egba area of Lagos State.

The IPI, on Wednesday, said it traced Olatunji to the custody of the Defence Intelligence Agency.

The DIA is an agency under the command of Major General Emmanuel Undiandeye, who reports to the Chief of Defence Staff.

The PUNCH learnt that media stakeholders will address journalists by 11am in Abuja on the development.

 

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