Legal Battle Escalates: Diezani Moves To Stop EFCC From Auctioning Confiscated Properties

Through her legal team, led by Chief Mike Ozekhome (SAN), Diezani is also requesting the court to direct the EFCC to reclaim any of her assets that have already been sold to individuals or companies. She argues that the EFCC began public auctions of properties tied to her without providing her a fair hearing, citing a 2023 notice.

Diezani claims that the EFCC based its actions on final forfeiture orders obtained from various courts in Nigeria, but she was never served with charges, evidence, or summons related to any criminal proceedings. She alleges the agency misled the courts by withholding crucial information, resulting in the final forfeiture orders being made against her properties.

She maintains that these orders were granted without respecting her constitutional right to a fair hearing, asserting that she was unaware of the legal proceedings as she has been outside Nigeria receiving medical treatment since 2015. According to Diezani, the EFCC knew she was out of the country and had no access to local newspapers during that time.

Diezani also disputes the EFCC’s claim that her properties are proceeds of unlawful activities, noting she has never been convicted of any crime. She argues that only a court of law can determine unlawful conduct, and there has been no such ruling in her case.

Additionally, Diezani has three ongoing cases against the EFCC in Lagos courts. She argues that since the forfeiture orders are being legally challenged, any sale of her properties should be halted to avoid irreversible actions.

In response, the EFCC filed a counter-affidavit, challenging the suit’s competence. The EFCC stated that multiple criminal proceedings were initiated against Diezani based on investigations into her tenure as a public official. The agency cited cases from 2017 and 2018 and emphasized that the properties were sold under final forfeiture orders issued in 2019.

The EFCC further claimed that public notices were published inviting objections to the forfeiture before the sale took place, and the properties were sold following due legal process.

The court session was adjourned to allow Diezani’s counsel more time to respond to the EFCC’s counter-affidavit, which was served on March 14.