The Lagos Division of the Court of Appeal, on Friday, dismissed an appeal by former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke against the high court judgment which ordered the forfeiture of her $40 million worth of jewellery.
Justice Nicholas Oweibo had in 2019 ordered the forfeiture of the jewellery following an application by the Economic and Financial Crimes Commission (EFCC).
In granting the prayer, the judge held that the former minister failed to show cause why the jewellery should not be forfeited to the federal government.
The jewellery is to be forfeited to the federal government.
The ex minister had filed in the application, marked No CA/L/1263/19, challenged the forfeiture order made by Justice Oweibo of a Federal High Court in Lagos.
In an affidavit filed on her behalf by her lawyer, Prof. Awa Kalu (SAN), the former minister, who is currently in the United Kingdom, argued that the EFCC violated her fundamental “right to own property and to appropriate them at her discretion,” under sections 43 and 44 of the Constitution.
She accused the anti-graft agency of entering her apartment illegally and taking the items without any court order.
The EFCC had insisted that the jewellery were beyond the former minister’s “known and provable lawful income.”
The EFCC held that she started acquiring the jewellery in 2012, two years after she was appointed minister.
The EFCC held that the commission was in possession of the details of the bank account through which Mrs Alison-Madueke received her salary as a minister.
“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 anti graft commission said.
A “damning intelligence report”, according to the Commission, led to the search of former minister’s house at No. 10 Fredrick Chiluba Close, Asokoro, Abuja.
Counsel to the EFCC, Rotimi Oyedepo, had told the judge that the items were reasonably suspected to have been acquired with proceeds of unlawful activities of the former minister.
However, in dismissing the appeal, the appellate court held that there was no substance in Alison-Madueke’s appeal to overturn the lower court’s order.
The jewellery, include 33 sets, “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.”
The items were seized from the former minister’s premises, at No. 10 Fredrick Chiluba Close, Asokoro, Abuja.
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