Diezani, who is currently in the United Kingdom, accused the EFCC of entering her apartment illegally and taking the items without any court order.
She said the anti-graft agency violated her fundamental “right to own property and to appropriate them at her discretion,” under sections 43 and 44 of the Constitution.
She urged the court to reject the request by the EFCC to permanently forfeit the jewelry, and the gold iPhone to the Federal Government.
This application was filed on her behalf by Prof. Awa Kalu (SAN), before the Federal High Court in Lagos.
According to the schedule attached to the application, the jewelry, categorised into 33 sets, 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.”
The EFCC had, on July 5, 2019, secured an order of the court temporarily forfeiting the jewellery and the gold iPhone to the Federal Government.
The anti-graft agency told the court, that it found and recovered the jewelry and the customised gold iPhone “on the premises of the respondent;” adding that it reasonably suspected that the former minister acquired them with “proceeds of unlawful activities.”
The crime commission maintained “the respondent’s known and provable lawful income is far less than the properties sought to be forfeited to the Federal Government of Nigeria.”
However, in the application filed on her behalf by Kalu (SAN), Diezani, contended that the court lacked jurisdiction to have granted the interim forfeiture order in the first place, as she had not been charged with any crime or served with any summons by the EFCC.
After granting the interim forfeiture order on July 5, the court moved the case till August 19 for Diezani or anyone interested in the jewelry and gold iPhone to appear before it to give reasons why the items should not be permanently forfeited to the Federal Government.
She further noted that the entry into her apartment by EFCC operatives was illegal as it was without a court order.
The lawyer also added that the temporary forfeiture order was prejudicial to Diezani because she was denied fair hearing.
The application, which was scheduled to be argued on Monday (today), was, however, delayed as Kalu was unable to come to court.
A lawyer from his chambers, Chukwuka Obidike, told the court that the SAN was engaged in election petitions, and pleaded for an adjournment.
However,Justice Nichola Oweibo adjourned the case till August 29.
