The Federal High Court in Abuja on Wednesday granted an application filed by former Minister of Petroleum, Diezani Alison-Madueke to present evidence of her acquittal by the Southwark Crown Court, London in UK.
Justice Inyang Ekwo granted the motion on notice moved by Diezani’s lawyer, Godwin Iyinbor, which was not challenged by counsel to the Economic and Financial Crimes Commission, EFCC, Mofesomo Oyetibo, SAN.
The News Agency of Nigeria reports that the UK court had, on June 17, discharged and acquitted the ex-minister in respect of criminal allegations of bribery brought against her.
Diezani had, in a suit filed before Justice Ekwo, sought to reclaim her forfeited assets.
In the amended originating motion marked FHC/ABJ/CS/21/2023, she sued the EFCC as sole respondent.
When the case was called on Wednesday, Iyinbor and Oyetibo regularised their processes filed.
Iyinbor, therefore, sought the leave of the court to move a motion on notice which was filed on June 25.
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He said the motion sought the permission to file a further/supplementary affidavit for the purpose of bringing fresh and material development with respect to Diezani’s acquittal by the UK court.
He said the application also sought an order to deem the affidavit as being properly filed.
Oyetibo acknowledged being served with the application.
The EFCC’s lawyer said the motion was intended to waste the judicial time of the court.
“They just want to bring to your lordship’s attention that the applicant has been exonerated in UK,” Oyetibo said.
But Justice Ekwo asked if he planned to oppose it or not and the lawyer said they were not objecting the application. The judge consequently granted the motion as prayed and adjourned the matter until Oct. 6 for hearing.
The judge held that on the next adjourned date, the preliminary objection and the substantive suit shall be taken together.
NAN recalls that in the 10-ground argument filed by Prof. Mike Ozekhome, Diezani said she commenced the suit challenging, among other things, the public notice issued by the EFCC for the public auction/sale of properties and/or personal effects affecting her proprietary rights.
“A major plank of the applicant’s case before this honourable court is that the respondent had sought to visit the applicant with grave proprietary consequences without conviction, without fair hearing, and without strict compliance with the relevant statutory provisions regulating forfeiture, management and disposal of properties”, said the lawyer.
The lawyer said Diezani filed her amended originating motion Feb. 19, 2025, pursuant to the leave of the court granted on Feb. 17, 2025.
“After the filing of the applicant’s processes and while this suit was still pending before this honourable court, a subsequent and material event occurred, to wit: the applicant was acquitted by the Southwark Crown Court, London, United Kingdom, on 17th June 2026, of criminal allegations of bribery brought against her, a proceeding of obvious material relevance to the allegations repeatedly referenced in relation to the applicant.
“The said subsequent development is material and relevant to the applicant’s case, particularly as it relates to the issues of absence of conviction, fair hearing, due process, propriety of irreversible proprietary deprivation, and the need for strict compliance with statutory safeguards before disposal of properties affecting the applicant’s proprietary rights”, according to court papers.
He said the ex-minister did not seek by this application to invite the court to sit on appeal over the said foreign decision or to treat same as automatically conclusive of the Nigerian proceedings.
He, however, said it was to place before the court subsequent material fact which would assist the court in doing substantial justice.
According to Ozekhome, the said fact was not available at the time the applicant filed her earlier processes and could not have been pleaded or deposed to earlier.
He submitted that the court had the power and discretion to allow a party to file the application where such facts would assist the court in the just determination of the issues before it.
He said EFCC would not be prejudiced by the grant of the application and that it would be in the interest of justice to grant the application.
NAN
