In a significant legal development, Justice Inyang Ekwo of the Federal High Court in Abuja has approved an application by former Petroleum Minister Diezani Alison-Madueke to amend her lawsuit contesting the Economic and Financial Crimes Commission’s (EFCC) order for the final forfeiture of her assets.
This decision, rendered on February 17, 2025, marks a pivotal moment in the protracted legal battle surrounding the ex-minister’s alleged misappropriation of public funds.
Diezani Alison-Madueke, who served as Nigeria’s Petroleum Minister from 2010 to 2015, has been embroiled in multiple allegations of corruption and financial misconduct.
During her tenure, she was accused of diverting substantial sums from the Nigerian treasury, with some reports suggesting figures as high as $28 billion. These allegations have led to numerous legal actions, both within Nigeria and internationally, aiming to recover assets purportedly acquired through illicit means.
Represented by her attorney, Godwin Inyinbor, Alison-Madueke submitted a motion seeking permission to amend her original suit challenging the EFCC’s forfeiture order.
During the court session, Inyinbor informed Justice Ekwo that the motion for amendment had been duly filed and served to the defendant. The EFCC’s counsel, Divine Oguru, did not oppose this request, leading the court to grant the application as presented.
Justice Ekwo stipulated that Alison-Madueke has five days to file and serve the amended legal documents. Following this, the EFCC is allotted 14 days from the date of service to respond accordingly. The case has been adjourned to March 17, 2025, for further proceedings.
In her motion, dated January 6, 2023, Alison-Madueke sought five specific orders from the court. Central to her argument is the claim that the various forfeiture orders were issued without proper jurisdiction and in violation of her constitutional right to a fair hearing, as guaranteed by Section 36(1) of the 1999 Constitution.
She contends that she was neither served with the charge sheet nor provided with any summons related to the criminal charges pending against her. Furthermore, she asserts that the courts were misled into issuing final forfeiture orders against her assets due to the suppression or non-disclosure of critical information.
Alison-Madueke’s motion emphasizes that the applications leading to the forfeiture orders were based on “gross misstatements, misrepresentations, non-disclosure, concealment, and suppression of material facts.”
She argues that such orders, being fundamentally flawed, should be set aside, as a void order holds no legal standing.
In response, the EFCC, through a counter-affidavit by detective Rufus Zaki, urged the court to dismiss Alison-Madueke’s application. Zaki, part of the investigative team probing allegations of criminal conspiracy, official corruption, and money laundering against the former minister, stated that their investigation clearly implicated her in criminal activities.
He referenced charge number FHC/ABJ/CR/208/2018, filed on November 14, 2018, as evidence of the formal charges against her.
Zaki refuted Alison-Madueke’s claims, stating that the cases leading to the asset forfeiture were “actions in rem,” meaning they were legal actions directed against the property itself rather than the individual.
He explained that public notices were issued in newspapers, inviting interested parties to contest the forfeiture before final orders were made. Additionally, he noted that a legal representative had appeared on behalf of Alison-Madueke in at least one forfeiture application, indicating her awareness of the proceedings.
The legal challenges faced by Alison-Madueke are not confined to Nigeria. In March 2023, the U.S. Department of Justice announced the recovery of over $53 million in assets linked to corruption in the Nigerian oil industry, specifically tied to Alison-Madueke and her associates.
These assets, including luxury real estate in California and New York, as well as a 65-meter superyacht named “Galactica Star,” were seized as part of efforts to combat international kleptocracy.
Furthermore, in January 2025, the United States agreed to repatriate $52.88 million in seized assets to Nigeria. These funds, connected to Alison-Madueke’s alleged corruption, are designated to support rural electrification projects in Nigeria and to assist the International Institute for Justice in promoting the rule of law and counterterrorism efforts.
