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Stop EFCC From Selling My Seized Assets, Diezani Begs Court

Published

1 year ago

March 18, 2025

Editor

Former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has approached the Federal High Court in Abuja, begging it to stop the Economic and Financial Crimes Commission, EFCC, from selling off all the properties seized from her.

The erstwhile minister in the legal action she filed through a team of lawyers, led by Chief Mike Ozekhome, SAN, equally prayed the court for an order directing the anti-graft agency to retrieve from persons (natural or corporate), to whom it had sold off any of the properties.

She told the court that the EFCC had, pursuant to a notice it issued in 2023, and acting in breach of her fundamental right to fair hearing, commenced a public sale by auction, assets linked to her.

According to the ex-petroleum minister, the anti-graft agency based its decision to sell off the properties on final forfeiture orders it obtained from various courts in the country.

She told the court that despite EFCC’s claim that final order of forfeiture was granted against her seized properties, she was neither served with any charge and proof of evidence in respect of any criminal proceeding, nor summons relating to any matter pending before any court.

The Applicant accused the anti-graft agency of obtaining forfeiture orders against her through misrepresentations and concealment of facts.

“In many cases, the final forfeiture orders were made against properties which affected the Applicant’s interest, the courts were misled into making the final order of forfeiture against the Applicant, based on 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 thus 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,” she said.

The embattled former minister argued that the said forfeiture orders were made against her by courts that lacked the requisite jurisdiction, saying they were made without recourse to her constitutional right to fair hearing.

Insisting she was never served with relevant court processes in all the proceedings that led to the orders for final forfeiture of her assets, the Applicant said the EFCC was aware that she was not within the shores of Nigeria at all material times as she left to seek medical treatment since 2015.

“The Applicant did not have any access to newspapers circulating within Nigeria during this period as she was not in Nigeria at all material times relevant to this suit,” her counsel said.

She told the court that though EFCC alleged that the seized properties constituted proceeds of alleged unlawful activities, “till date, the Applicant has not been convicted of any unlawful activities to warrant the forfeiture of her properties and assets.

“The courts, in granting the final order of forfeiture in a matter that is said to flow from criminal activities and which are criminal in nature, and without any conviction of the Applicant, granted the order of final forfeiture on minimum proof based on the civil standards of preponderance of evidence or balance of probability, instead of the strict proof applicable in criminal trials or civil proceedings where there is allegation of crime.

“Only a court of law can declare an act as constituting unlawful activities and there was no such order that had declared the alleged conduct of the Applicant to be unlawful.

“A mere allegation by the Respondent (EFCC) that the act or action of the Applicant constituted unlawful activities will not suffice in the circumstance.’’

The Applicant told the court that she had three suits against the EFCC pending before courts in Lagos, contending that “since the forfeiture orders are being challenged, no sale can validly take place as such would be rendered nugatory.”

Meanwhile, the EFCC, in response to the suit, filed a counter-affidavit to challenge its competence.
In the affidavit deposed to by one of its detectives, Oyakhilome Ekienabor, the anti-graft agency told the court that following extensive investigations into activities of the Applicant while she was a public servant, criminal proceedings were initiated against her in various courts.

It told the court that examples of such cases included a suit marked: FHC/ABJ/CR/208/2018, which was filed on November 2018, as well as another charge marked: HC/ADYL/56c/2017, filed on July 1, 2017, before a High Court in Adamawa State.

EFCC maintained that sale of properties that previously belonged to the former minister was conducted in execution of final forfeiture orders of Justice C.A. Obiozor of the Federal High on July 9, 2019, as well as another order by Justice I. N. Oweibo on September 10, 2019.

The commission told the court that before the assets were deemed to have been forfeited, it made newspaper publications inviting any person interested in the properties to show cause.”

“The final forfeiture orders pursuant to which the sale of the properties was conducted, are still in force and have not been set aside. The forfeited properties were disposed of in accordance with the due process of law,” EFCC added.

At the resumed proceeding in the matter yesterday, Mr. Godwin Iyibor, who appeared for the Applicant, requested for time to file his response to EFCC’s counter-affidavit which, he said, was served on him on March 14.

On his part, Mr. Divine Okoro, who represented the EFCC, told the court that the commission encountered some difficulties that made it impossible for it to file the process within the 14 days allotted to it.
Consequently, Justice Inyang Ekwo adjourned the matter to March 27 for definite hearing.

The trial judge noted that the case had been pending since 2023, even as he warned that the court would no longer entertain any excuses from the parties.

It will be recalled that the former minister had earlier filed a N100billion defamation suit against the EFCC which, she alleged, had authored and sponsored several publications that portrayed her as a treasury looter.

In the suit marked: CV/6273/2023, she insisted that the said defamatory publications brought her into “public ridicule, odium, contempt, derision and obloquy.”

News

Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

Published

2 hours ago

May 5, 2026

Editor

Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

News

IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

Published

3 hours ago

May 5, 2026

Editor

The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

News

Court Orders SERAP To Pay DSS Operatives N100m For Defamation

Published

8 hours ago

May 5, 2026

Editor

The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”