The Economic and Financial Crimes Commission (EFCC) has opposed former Petroleum Minister Diezani Alison-Madueke’s attempt to present her acquittal by a United Kingdom court as evidence in her ongoing legal battle over assets forfeited in Nigeria.
The anti-graft agency urged the Federal High Court in Abuja to dismiss the application, arguing that the June 17 acquittal by the Southwark Crown Court in London was unrelated to the issues before the Nigerian court.
The EFCC stated its position in a further counter-affidavit filed on October 5 in response to Diezani’s supplementary affidavit seeking to place the UK court’s decision before Justice Inyang Ekwo.
The commission argued that the proceedings in the UK concerned allegations that were not the subject of prosecution against Diezani in Nigeria and therefore had no bearing on the substantive suit before the court.
“The proceedings before the Southwark Crown Court, London, United Kingdom, and the purported acquittal of the applicant therein, are in respect of a proceeding that is not being prosecuted before any Nigerian court and have nothing to do with the substantive suit before this honourable court,” the EFCC stated.
The commission further contended that Diezani’s supplementary affidavit introduced matters that were immaterial to the case and could distract the court from determining the issues before it.
EFCC litigation officer, Oyakhilome Ekienabor, who deposed to the counter-affidavit, also challenged claims concerning properties listed for public sale.
He said there was nothing in the commission’s public sale notice indicating that any of the listed properties belonged to Diezani.
Ekienabor maintained that the forfeiture order being challenged was limited to jewellery and did not extend to other categories of assets or properties.
“The order for forfeiture relates exclusively to items of jewellery and does not extend to any other category of assets or properties,” he said.
He urged the court to reject the supplementary affidavit, arguing that parties could not broaden the scope of a case by introducing facts unrelated to the dispute.
The development followed an earlier ruling by Justice Ekwo permitting Diezani to file additional evidence concerning her acquittal in the UK.
Her lawyer, Godwin Iyinbor, had sought permission to file a further affidavit after the former minister was discharged and acquitted by the Southwark Crown Court on June 17 over criminal allegations relating to bribery.
The application was not opposed by EFCC counsel, Mofesomo Oyetibo, SAN, at the time, leading the court to grant the request.
Diezani is challenging the EFCC’s actions concerning the forfeiture and proposed sale of properties and personal effects allegedly linked to her.
In her amended originating motion filed through her lawyer, Prof. Mike Ozekhome, she argued that the commission was seeking to impose serious proprietary consequences on her without a conviction, fair hearing or strict compliance with applicable laws governing forfeiture and asset disposal.
Ozekhome described the UK acquittal as a subsequent material development that was unavailable when the original court processes were filed.
He argued that the development was relevant to issues including conviction, fair hearing, due process and the legality of depriving a person of property.
According to him, Diezani was not asking the Nigerian court to sit on appeal over the UK judgment or automatically treat it as conclusive of the Nigerian proceedings.
Rather, he said, the purpose was to place subsequent facts before the court to assist it in reaching a just determination of the case.
He also maintained that admitting the evidence would not prejudice the EFCC and would be in the interest of justice.
At Tuesday’s proceedings, Diezani’s lawyer, Queen-Ubokutom Uwe, told the court that the EFCC had served her legal team with its further counter-affidavit shortly before the hearing.
She also reminded the court of Diezani’s pending application to regularise her court processes.
EFCC counsel, Paul Mgbeoma, told the court that the commission was ready to proceed with the matter.
Justice Ekwo subsequently adjourned the case until November 11 for hearing of the pending motions.
 has opposed former Petroleum Minister Diezani Alison-Madueke’s attempt to present){kind=link}