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Court sets to hear EFCC’s objection in ex-Minister’s suit challenging forfeiture order

The Federal High Court in Abuja on Thursday, fixed May 29 for the hearing of the EFCC’s preliminary objection in a suit filed by former Minister of Petroleum, Diezani Alison-Madueke, to reclaim her forfeited assets.
Justice Inyang Ekwo fixed the date after the EFCC lawyer, Tayo Oyetibo, SAN, regularised his processes in the suit filed by the former minister.
The judge equally fixed the date for the hearing of the substantive suit.
Oyetibo informed the court that before the applicant (Diezani) took their matter, he had some housekeeping applications to take.
However, counsel who appeared for Diezani, Godwin Iyinbor, said the matter was slated for hearing and that subject to the convenient of the court, he was ready to proceed.
“On our part, we do not have any housekeeping application but the respondent does have. We are ready for hearing,’” he said.
Oyetibo then regularised their counter affidavit filed on March 20, which Iyinbor had also responded to on March 25.
The anti-graft lawyer equally informed the court of their preliminary objection dated March 27 and filed today.
Iyinbor, who confirmed being served with the preliminary objection, did not oppose the motion Oyetibo filed seeking for an extension of time to deem it properly filed but asked for a cost.
Iyinbor equally asked for seven days to respond to the EFCC’s objection just served on them.
Justice Ekwo subsequently adjourned the matter until May 29 for hearing of the preliminary objection and the substantive matter.
The judge warned that on that day, the process of any party that is absent from court would be deemed as adopted.
“If on that day, the matter can not go on because of a party, counsel to the party will be personally penalised,” the judge ruled.
The News Agency of Nigeria (NAN) reports that the EFCC had, in the preliminary objection dated and filed today, March 27 by Oyetibo, prayed the court to strike out the suit for lack of jurisdiction.
Giving a two-ground argument, the EFCC submitted that Diezani failed to serve a pre-action notice on the commission prior to the commencement of the suit as required by law.
“The court therefore lacks the jurisdiction to entertain the suit,” it argued.
NAN reports that the former minister had prayed the court to order the EFCC to retrieve from persons, either natural or corporate, to whom it had sold off her seized assets or property.
Diezani, in an amended suit filed by her lawyer, Chief Mike Ozekhome, SAN, also sought an order setting aside the commission’s public notice issued and upon which it conducted the public sale by auction.
The anti-graft agency had, in the public notice, announced the sale of the former minister’s assets beginning from Monday, Jan. 9, 2023 to Friday, Jan. 13, 2023.
Against the announcement, the former minister had, in the originating motion marked: FHC/ABJ/CS/21/2023, sued the EFCC as sole respondent.
In the suit dated and filed on Jan. 6, 2023 by Ozekhome, she sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property, among others.
Meanwhile, on Feb 17, Justice Ekwo granted Diezani’s request to amend the suit after the motion was moved by Iyinbor, who appeared for the ex-minister, and the EFCC’s counsel, Divine Oguru, did not oppose it.
NAN reports that in the amended suit, Diezani wants the court to declare that the public sale conducted by the EFCC between the said date which affected her proprietary were issued and/or conducted in absolute breach of statutory provisions, particularly the EFCC Act, 2004, the Proceeds of Crime Recovery and Management) Act, 2022.
She said it was also in absolute breach of her right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution (as altered), and other similar constitutional and statutory.
She sought an order restraining the EFCC from disposing of the said properties listed in the said public notice affecting the proprietary rights of the applicant.”
She also wants the court to make an order vacating the public notice issued by the EFCC which was based on various judgments/orders issued in favour of the commission “as final forfeiture orders made against properties and/or personal effects affecting the proprietary rights of the applicant for want of jurisdiction and lack of fair hearing.”
The former minister equally sought an order extending the time within which she may seek leave to apply to the court for an order to vacate, discharge and/or set aside the public notice issued by the commission, among others.
But the EFCC, in its counter affidavit, prayed the court to dismissed the suit.
In the affidavit deposed to by Oyakhilome Ekienabor, a litigation officer in the Law Firm of Messrs Tayo Oyetibo LP, said the depositions in Diezani’s affidavit in some of the paragraphs were untrue.
He said following extensive investigations into Diezani’s activities while she was a public officer, criminal proceedings commenced against her in various courts including the Federal High Court.
“These include charge No. FHC/ABJ/CR/208/2018 filed on 14th November, 2018, and Charge No. HC/ADYL/56c/2017 filed on 11th July, 2017 before the High Court of Adamawa State both of which are part of the bundle of documents attached as Exhibit C to the applicant’s affidavit.
He said contrary to the finer minister’s argument, the sale of the property which previously belonged to her was conducted in execution of the final forfeiture orders of the FHC made “on 9th July, 2019 (Coram Hon. Justice, CA. Obiozor) and 10th September 2019 (Coram Hon. Justice I.N. Oweibo).”
According to Ekienabor, the final forfeiture orders were not made in breach of the applicant’s right to fair hearing as alleged or otherwise.
“The cases which led to the final forfeiture of the contested properties were actions in rem, and the decisions made in those cases as touching on the properties are binding on the whole world.
“During the proceedings leading to the final forfeiture orders, the court ordered the respondent to do a newspaper publication inviting any person interested to show cause why the said properties should not be forfeited to the Federal Government.
“Further to the above, one Nnamdi Awa Kalu represented the applicant in reaction to one of the forfeiture applications pursuant to which the order in Exhibit EFCC 2 was made by OWEIBO, J. on 10th September, 2019.
“After considering the submissions made by counsel to the applicant in respect of her ownership of the properties in issue, the court subsequently made the final forfeiture orders in relation to the properties.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside,” he said.
Ekienabor said the forfeited property were disposed of in accordance with the due process of law.(NAN)

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Govt. vows to get justice for teenage Girl allegedly raped by eight men

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Govt. vows to get justice for teenage Girl allegedly raped by eight men

The Anambra Government has vowed to get justice for a 16-year old girl (name withheld) over alleged sexual molestation by eight men including her guardian.
The incident occurred in Nawfia, Njikoka Local Government Area (LGA) of the state.
The state Commissioner for Women Affairs and Social Welfare, Mrs Esther Onyekesi, made this known during an interaction with newsmen on Thursday in Awka.
“The teenager, who was severely raped by these men is now two months pregnant, according to medical report presented by a concerned priest from Nawfia, who reported the case.
“Therefore, the ministry must stand for this helpless girl,” she said.
Onyekesi decried a situation where adults who are supposed to protect young people take advantage of them, especially to the level of sexual molestation and exploitation.
She assured the safety of the girl and encouraged men to protect women, especially young girls rather than take advantage of them, in order to build a better society.
According to the teenager brought to the office of the commissioner, her guardian forces himself on her every night and later other men join in the act.
She said that with the help of a good samaritan, she was rescued a week ago from the abuse and brought to the ministry.
Asked about the wife of her guardian, she said the wife was sick with stroke, while her sons and daughters were all grown and some married.
She informed the commissioner that the police had arrested two persons out of the eight suspects that allegedly molested her.
She said that the case was before the Nawfia police station. (NAN)

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I accepted to be Obi’s running mate because 3 top politicians rejected him – Datti Baba-Ahmed opens up

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Former Labour Party vice-presidential candidate, Yusuf Datti Baba-Ahmed, has opened up on the circumstances that led him to join forces with Peter Obi during the 2023 presidential election, saying his decision was largely driven by sympathy for the former Anambra State governor.

Speaking during an interview with Symphoni, Baba-Ahmed disclosed that Obi had unsuccessfully approached three prominent politicians to be his running mate before eventually turning to him.

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According to the former senator, he would have welcomed any of the politicians accepting Obi’s offer, but their refusal left him concerned about both Obi’s political prospects and the state of the country.

Reflecting on their partnership, Baba-Ahmed said, “I have sympathy for him. And this sympathy was at the core of our relationship.”

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He explained that Obi’s search for a vice-presidential candidate in 2022 was marked by repeated setbacks, a development he said deeply affected him.

“When he approached three other major politicians in 2022, I would have been glad if one of them had gone with Peter Obi in 2022. But they all avoided him. I felt bad for him and I felt bad for Nigeria as a nation,” Baba-Ahmed said.

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He maintained that his decision to join the Labour Party ticket was voluntary and based on personal conviction rather than political calculation.

“I took it upon myself because naturally I have always been a volunteer. For the sake of Nigeria, I extended that sympathy to him,” he added.

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The Obi-Baba-Ahmed ticket emerged as one of the most closely followed political movements during the 2023 elections, attracting significant support across different parts of the country.

However, the relationship between the two politicians has since been overshadowed by differences over political strategy and party affiliation.

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Baba-Ahmed criticised Obi’s decision to leave the Labour Party amid its prolonged leadership crisis, arguing that internal disputes are common across political organisations and should be resolved rather than avoided.

Questioning Obi’s decision to seek political alternatives, he said: “If Abure was a problem, what makes him think Nwosu or David Mark of ADC will not be a problem? What makes him think Seriake of NDC will not be a problem?”

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He further argued that every political platform faces similar challenges.

“So it’s the same thing wherever you go. Stay here and fix the problem and let’s work together. But he decided to move,” he said.

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Baba-Ahmed also dismissed suggestions that his political relevance was tied to Obi, stressing that he remains politically independent.

“With due respect, he does not own my politics; he doesn’t own me. I am independent,” he stated.

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Following the 2023 elections, Baba-Ahmed aligned himself with the Peoples Redemption Party, while Obi has continued his political activities through new political associations after leaving the Labour Party.

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accepted to be Obi’s running mate because 3 top politicians rejected him – Datti Baba-Ahmed opes up

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accepted to be Obi’s running mate because 3 top politicians rejected him – Datti Baba-Ahmed opes up

Former Labour Party vice-presidential candidate, Yusuf Datti Baba-Ahmed, has opened up on the circumstances that led him to join forces with Peter Obi during the 2023 presidential election, saying his decision was largely driven by sympathy for the former Anambra State governor.

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Speaking during an interview with Symphoni, Baba-Ahmed disclosed that Obi had unsuccessfully approached three prominent politicians to be his running mate before eventually turning to him.

According to the former senator, he would have welcomed any of the politicians accepting Obi’s offer, but their refusal left him concerned about both Obi’s political prospects and the state of the country.

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Reflecting on their partnership, Baba-Ahmed said, “I have sympathy for him. And this sympathy was at the core of our relationship.”

He explained that Obi’s search for a vice-presidential candidate in 2022 was marked by repeated setbacks, a development he said deeply affected him.

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“When he approached three other major politicians in 2022, I would have been glad if one of them had gone with Peter Obi in 2022. But they all avoided him. I felt bad for him and I felt bad for Nigeria as a nation,” Baba-Ahmed said.

He maintained that his decision to join the Labour Party ticket was voluntary and based on personal conviction rather than political calculation.

Advertisement

“I took it upon myself because naturally I have always been a volunteer. For the sake of Nigeria, I extended that sympathy to him,” he added.

The Obi-Baba-Ahmed ticket emerged as one of the most closely followed political movements during the 2023 elections, attracting significant support across different parts of the country.

Advertisement

However, the relationship between the two politicians has since been overshadowed by differences over political strategy and party affiliation.

Baba-Ahmed criticised Obi’s decision to leave the Labour Party amid its prolonged leadership crisis, arguing that internal disputes are common across political organisations and should be resolved rather than avoided.

Advertisement

Questioning Obi’s decision to seek political alternatives, he said: “If Abure was a problem, what makes him think Nwosu or David Mark of ADC will not be a problem? What makes him think Seriake of NDC will not be a problem?”

He further argued that every political platform faces similar challenges.

Advertisement

“So it’s the same thing wherever you go. Stay here and fix the problem and let’s work together. But he decided to move,” he said.

Baba-Ahmed also dismissed suggestions that his political relevance was tied to Obi, stressing that he remains politically independent.

Advertisement

“With due respect, he does not own my politics; he doesn’t own me. I am independent,” he stated.

Following the 2023 elections, Baba-Ahmed aligned himself with the Peoples Redemption Party, while Obi has continued his political activities through new political associations after leaving the Labour Party.

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