Justice Mohammed Idris of a Federal High Court in Lagos yesterday refused to grant an application by former first lady, Mrs. Patience Jonathan, seeking to stop the forfeiture of $15.591million, which she claimed belonged to her, to the Federal Government.
Patience’s lawyer, Ifedayo Adedipe (SAN) had, in an oral application, urged the court to restrain another judge of the court, Justice Babs Kuewumi, from making any order forfeiting the $15.591 million, which was frozen by the Economic and Financial Crimes Commission (EFCC), to the Federal Government until the determination of an interlocutory application filed by her client.
In the suit before Justice Kuewumi, Mrs. Jonathan is claiming the sum of $200 million against the EFCC, Skye Bank Plc., an aide to former President Goodluck Jonathan, Waripamo- Owei Dudafa, and four others for what she described as the inconvenience and embarrassment she suffered as a result of the freezing of her accounts.
Also joined in the fundamental rights enforcement suit are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Transocean Property and Investment Company Ltd and Globus Integrated Service Ltd.
It will be recalled that the four companies, which the EFCC claimed were used by Dudafa to launder the $15.591 million, had pleaded guilty to the offence of money laundering before Justice Kuewumi.
The sum involved in the criminal case is the same money the former first lady claimed belongs to her as the sole signatory to the accounts of the companies.
She, however, denied ownership of the companies. On resumption of yesterday’s proceedings before Justice Idris, there was an acknowledgement of a letter from Skye Bank’s lawyer, Lanre Ogunlesi, indicating his inability to attend proceedings owing to ill health.
The judge said he will have to adjourn the hearing of the application since Ogunlesi has requested for a new date to enable him appear in court.
However, before the court could adjourn the case, Adedipe orally sought for an order direct ing the EFCC not to tamper with the ‘res’ (subject matter) of the case pending the hearing and determination of the interlocutory application.
Adedipe’s request was vehemently opposed by EFCC’s lawyer, Rotimi Oyedepo, on the ground that the accounts where the money was kept had since been frozen, while the identified directors of these companies had also pleaded guilty to the offence of conspiracy and money laundering in an ongoing criminal trial before Justice Kuewumi. He said: “We pray the court to dismiss the application with a wave of hand.
There is an order of the court that have convicted the 4th-7th defendants for warehousing the proceed of crime.
“The applicant does not have the locus standi to move the motion and if the court grants the order, it would be “extremely” prejudicial to the earlier order made by Justice Kuewumi in the criminal case.”
He also expressed doubts on the validity of the address through which the applicant effected the service of the originating summon on the 4th -7th defendants, as earlier investigation conducted by the anti-graft agency showed that the companies have fictitious addresses.
Dudafa’s lawyer, Gboyega Oyewole, however, said the court bailiff has deposed to an affidavit of service well documented in the court’s file.
Justice Idris, in a short ruling, insisted that he couldn’t go into the merits or demerits of the interlocutory application until it is moved. The judge, while ordering accelerated hearing of the case, maintained that he couldn’t make any order that will be prejudicial to the outcome of the main suit. Hearing of the main application has been fixed for December 7.
The former first lady, in her suit, is urging the court to issue an order discharging the freezing order. She equally wants an order restraining the EFCC and its agent from further placing a freezing order on the said accounts.
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