The Court of Appeal, Lagos on Friday, upheld the final forfeiture order of a Federal High Court on the $40 million worth of jewellery seized from the premises of a former Minister for Petroleum Resources, Mrs. Diezani Alison-Madueke.
Justice Festus Obande, who read the judgment declared that there was no substance in Alison-Madueke’s bid to overturn the lower court’s order and subsequently dismissed her move to challenge the forfeiture order of the court below.
Anti-graft agency, the Economic and Financial Crimes Commission (EFCC), had in July 2019, secured an order of the Federal High Court presided over by Justice Nicholas Oweibo to temporarily forfeit the expensive items to the Federal Government of Nigeria.
The jewellery categorised into 33 sets, according to the schedule attached to the forfeiture application include “419 expensive bangles; 315 expensive rings; 304 expensive earrings; 267 expensive necklaces; 189 expensive wristwatches; 174 expensive necklaces and earrings; 78 expensive bracelets; 77 expensive brooches; and 74 expensive pendants.
EFCC counsel, Mr. Rotimi Oyedepo had in the application for the final forfeiture order application, averred that the items were reasonably suspected to have been acquired with the proceeds of unlawful activities of the former petroleum minister.
In an affidavit deposed by an investigator with the EFCC, Rufai Zaki, the court was told that the sets of jewellery were beyond the former minister’s “known and provable lawful income.”
Zaki stated that findings by the Commission revealed that Diezani started acquiring the expensive jewellery in 2012, two years after she was appointed Minister.
According to Zaki, the EFCC was in possession of the bank account details through which Mrs Alison-Madueke received her salary as a minister.
The EFCC averred: “The respondent did not utilise her salary or any part of her legitimate income to acquire the assets sought to be forfeited to the Federal Government of Nigeria.”
The EFCC official further stated that a damning intelligence report obtained by the anti-graft agency resulted in the search of former minister’s house at No. 10 Fredrick Chiluba Close, Asokoro, Abuja.
In a counter affidavit filed by her lawyer, Prof Awa Kalu (SAN), Diezani insisted the EFCC violated her fundamental “right to own property and to appropriate them at her discretion,” under sections 43 and 44 of the Nigerian constitution.
The former minister argued that it was illegal for the EFCC to enter her premises and remove her items without any court order.