Court Dismisses EFCC Bid To Seize Patience Jonathan $8.4m, N9.1bn
Moves by the Economic and Financial Crimes Commission (EFCC) to seize sums of $8,435,788.84 and N7.35billion linked to Former first lady, Mrs. Patience Jonathan was on Friday dismissed by Justice Mojisola Olatoregun of Federal High Court in Lagos.
Justice Olatoregun, while delivering ruling on an objection raised by Mrs Jonathan to an ex-parte application filed by the EFCC, held that the move by the anti-graft agency is an abuse of court process.
The judge held that the funds which the commission sought to forfeiture to the federal government were already subject of litigation before two other judges.
She also told the EFCC to desist from filing different suit on the same subject matter as it is in this case.
The respondents in EFCC’s motion are Mrs Jonathan, Globus Integrated Services, Finchley Top Homes Ltd, AM PM Global Network Ltd, Pagmat Oil and Gas Nig. Ltd, Magel Resort Ltd and Esther Oba.
The funds sought to be forfeited were said to be in the custody of Skye Bank Plc, Diamond Bank Plc, and Stanbic-IBTC and First Bank Plc.
The former first lady had asked the court for an order striking out the motion filed last December 13 on the ground that the court lacks jurisdiction to hear it.
She had further maintained that the anti-graft agency’s motion is, “a gross abuse of court process” because the issues were already pending before Justice Binta Nyako of the Federal High Court in Abuja.
“The ex parte originating summons filed by the EFCC amounts to forum shopping, thus an abuse of court process,” she said.
Through her lawyer Mr Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), Mrs Jonathan claimed that the EFCC allegedly failed to disclose the different suits and orders made prior to filing the application before Justice Olatoregun in Lagos.
The applicant stated, “The respondent is making great mockery of this judicial system and in extension this honourable court.”
EFCC lawyer Rotimi Oyedepo had at the last hearing informed Justice Olatoregun that he had filed an affidavit showing that all monies seeking to be forfeited were not subject of litigation in any court.
He said the coast was clear to hear the forfeiture application, adding: “The application we filed in Lagos is for forfeiture and it is not pending before any other court in Nigeria.”
EFCC said the funds, which it believes were diverted from Bayelsa State, were found in 15 bank accounts linked to the Mrs. Jonathan.
According to the commission, the funds were allegedly moved from Bayelsa State’s coffers when Mrs. Jonathan served as permanent secretary.
The Commission alleged that she gained access to the funds by fraudulently assuming the identity of one Esther Oba as the signatory to the accounts.
