The Economic and Financial Crimes Commission (EFCC) has filed a preliminary objection to challenge the competence of a lawsuit instituted by former Minister of Petroleum Resources, Diezani Alison-Madueke, seeking to recover a number of assets previously forfeited to the Federal Government.
The objection, which was submitted before Justice Inyang Ekwo of the Federal High Court in Abuja, comes amid Diezani’s renewed legal efforts to reverse the sale and public auction of her confiscated properties carried out by the anti-graft agency in early 2023.
At the court sitting on Thursday, EFCC counsel, Tayo Oyetibo, SAN, informed the judge that the Commission had filed the objection and also regularised its counter affidavit, which contests the reliefs sought by the former minister.
Diezani, through her legal team, is asking the court to set aside the EFCC’s public notice announcing the sale of the assets and to order the Commission to retrieve the properties from any third parties to whom they may have been sold.
Her claims are grounded on alleged breaches of her constitutional rights and procedural irregularities in the asset forfeiture process.
According to her legal filings, the sales were conducted in violation of the EFCC Act, 2004, the Proceeds of Crime (Recovery and Management) Act, 2022, and Section 36 of the 1999 Constitution which guarantees the right to a fair hearing.
In response, the EFCC, in its preliminary objection, argued that the court lacks jurisdiction to entertain the case on two key grounds: Diezani’s alleged failure to serve the Commission a mandatory pre-action notice and the fact that the asset sales were based on valid final forfeiture orders issued by competent courts.
The Commission insists that the properties were lawfully forfeited and subsequently disposed of following the due process of law.
The EFCC maintains that Diezani was duly represented during the forfeiture proceedings and had an opportunity to challenge the process before the orders were made final.
Justice Ekwo has adjourned the matter to May 29, 2025, for the hearing of both the preliminary objection and the substantive suit, warning that any party not present on the day will be deemed to have adopted their filings.
The judge also issued a caution that any counsel whose absence delays proceedings would be held personally accountable.
Diezani’s latest legal action adds a new dimension to her long-standing battle with Nigeria’s anti-corruption agencies.
She has faced multiple allegations of financial misconduct dating back to her tenure in office with several court-ordered forfeitures of luxury properties, cash, and high-value items.
This development represents another legal showdown in the broader effort to enforce accountability and recover illicit assets as the Nigerian government continues its push to close gaps in asset tracing, recovery, and management.
With both parties set to argue their positions in court, the outcome of the May 29 hearing could shape future precedents on asset forfeiture, procedural rights, and post-judgment remedies in Nigeria’s anti-corruption framework.
