Ayomide Awe
The Economic and Financial Crimes Commission has urged the Federal High Court in Abuja to reject former Minister of Petroleum Resources, Diezani Alison-Madueke’s attempt to tender evidence of her acquittal by the Southwark Crown Court in London in her ongoing legal battle with the anti-graft agency.
The EFCC, in a further counter-affidavit filed in opposition to the former minister’s application, argued that the June 17, 2026, decision of the United Kingdom court had no material bearing on the issues before the Nigerian court.
The commission consequently asked Justice Inyang Ekwo to discountenance Diezani’s further and supplementary affidavit seeking to introduce the UK judgment into the proceedings.
The development came as the former minister continues her legal challenge against the EFCC’s moves involving assets and personal effects allegedly connected to her.
Diezani had approached the Federal High Court seeking, among other reliefs, to challenge the commission’s public notice concerning the auction or sale of properties and personal effects which she claims affect her proprietary rights.
The suit, marked FHC/ABJ/CS/21/2023, has the EFCC as the sole respondent.
The former minister had earlier obtained permission from Justice Ekwo to file additional evidence following her acquittal by the Southwark Crown Court, London, over bribery allegations.
The application was not opposed by the EFCC when it was initially moved in court, prompting the judge to grant the prayer.
However, after Diezani’s further/supplementary affidavit was filed, the anti-graft agency filed a counter-affidavit challenging the relevance of the new evidence.
In the counter-affidavit dated October 5, 2026, and deposed to by Oyakhilome Ekienabor, a litigation officer in the law firm of EFCC counsel, Mofesomo Oyetibo, SAN, the commission maintained that the UK proceedings were unrelated to the substantive case before the Nigerian court.
Ekienabor stated that some of the depositions contained in Diezani’s application were “misleading, immaterial and irrelevant” to the issues requiring determination by the Federal High Court.
He argued that the proceedings before the Southwark Crown Court and Diezani’s subsequent acquittal concerned proceedings that were not before any Nigerian court.
According to him, the foreign judgment could not be introduced to expand the scope of the Nigerian proceedings.
The EFCC litigation officer also challenged Diezani’s reference to properties allegedly affected by the commission’s public sale notice.
He said there was nothing in the notice indicating that any of the properties listed belonged to the former minister.
He further argued that the forfeiture order in question was limited to jewellery and did not extend to other categories of assets or properties.
“The applicant’s further/supplementary affidavit introduces irrelevant facts into this suit, thereby diverting attention from the core issues before this honourable court,” Ekienabor argued.
He consequently urged the court to reject the additional affidavit seeking to place the UK acquittal before the court.
Diezani: Acquittal Relevant To Asset Forfeiture Challenge
However, Diezani’s legal team, led by Senior Advocate of Nigeria, Prof. Mike Ozekhome, has maintained that the UK judgment is a significant subsequent development that should be considered by the Nigerian court.
In the 10-ground argument supporting her application, the former minister contended that the EFCC’s actions could have serious proprietary consequences for her without a conviction, fair hearing or strict compliance with applicable laws governing the forfeiture, management and disposal of assets.
Ozekhome said Diezani filed her amended originating motion on February 19, 2025, following leave granted by the court two days earlier.
He argued that the subsequent acquittal by the Southwark Crown Court on June 17, 2026, occurred while the Nigerian case was still pending and therefore constituted a material fact that was unavailable when the earlier processes were filed.
The senior lawyer stressed that his client was not asking the Federal High Court to sit on appeal over the decision of the UK court or automatically treat the foreign judgment as conclusive of the Nigerian proceedings.
Rather, he said, the purpose was to place a subsequent material fact before the court to assist it in determining the dispute fairly.
According to Ozekhome, the development was particularly relevant to issues including the absence of conviction, fair hearing, due process and the propriety of irreversible deprivation of property.
He argued that the court possessed the discretion to admit subsequent facts where doing so would assist in reaching a just determination of the case.
At Tuesday’s proceedings, counsel to Diezani, Queen-Ubokutom Uwe, informed Justice Ekwo that the matter had been scheduled for hearing of the EFCC’s preliminary objection and the originating motion.
She, however, told the court that the commission had served her team with a fresh process shortly before the commencement of proceedings.
Uwe identified the process as the EFCC’s further counter-affidavit responding to Diezani’s supplementary affidavit.
She also reminded the court of the former minister’s pending application seeking to regularise her processes.
Responding, counsel for the EFCC, Paul Mgbeoma, expressed concern over the continued filing of processes by Diezani’s legal team.
Mgbeoma reportedly said he was surprised that the applicant continued to file processes “as though it was an election petition case.”
He nevertheless informed the court that the commission was ready to proceed with the matter.
Justice Ekwo subsequently adjourned the case until November 11, 2026, for hearing of the pending applications.
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