The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to disregard the acquittal of former Minister of Petroleum Resources, Diezani Alison-Madueke, by a United Kingdom court in determining the ongoing dispute over assets linked to her.

The EFCC argued that the June 17 judgment of the Southwark Crown Court in London had no bearing on the Nigerian proceedings or the final forfeiture orders under which the properties were disposed of.

The commission made the submission in a further counter-affidavit filed in opposition to Diezani’s application seeking to tender the UK judgment as evidence in the suit.

Justice Inyang Ekwo had on July 1 granted the former minister permission to present the judgment before the court.

But the EFCC maintained that the UK proceedings were separate from the Nigerian case.

“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 commission stated.

The anti-graft agency also asked the court to dismiss Diezani’s application and supplementary affidavit, alleging that some of the depositions were misleading.

According to the EFCC, the properties in dispute were subject to final forfeiture orders issued by Nigerian courts and those orders remained valid.

It said the properties were sold pursuant to final forfeiture orders made by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order issued by Justice I.N. Oweibo on September 10, 2019.

The commission said it had also published newspaper notices inviting interested parties to show cause why the assets should not be forfeited before the final orders were issued.

“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with due process of law,” the EFCC said.

Diezani is, however, asking the court to order the EFCC to recover properties allegedly sold to third parties.

In her suit, marked FHC/ABJ/CS/21/2023 and filed through her counsel, Prof Mike Ozekhome, SAN, the former minister alleged that the commission began disposing of assets linked to her without giving her a fair hearing.

She also alleged that several final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.

Diezani argued that she had not been convicted of any criminal offence that could justify the forfeiture of her properties and maintained that the courts lacked jurisdiction to make the orders without hearing her.

She said she had been outside Nigeria since 2015 while receiving medical treatment and was not served with relevant court processes.

The former minister further challenged the use of the civil standard of proof in the forfeiture proceedings, arguing that the allegations against her were criminal in nature and should have been subjected to the stricter standard of proof.

She also told the court that three suits she filed against the EFCC were pending in Lagos and argued that the disputed assets should not have been sold while the forfeiture orders were being challenged.

The EFCC, however, said criminal proceedings had been instituted against Diezani in different Nigerian courts following investigations into her activities while she served as a public official.

It cited charges including FHC/ABJ/CR/208/2018 before the Federal High Court and HC/ADYL/56C/2017 before the Adamawa State High Court.

Justice Ekwo adjourned the case until November 11 for hearing of the pending applications.