Court Grants Patience Jonathan Access To $5.9m As EFCC Withdraws Appeal

The Economic and Financial Crimes Commission (EFCC) yesterday withdrew its application seeking to stay the execution of a ruling of a Federal High Court in Lagos which unfreeze a Skye bank Plc account containing $5,842,316.66 belonging to former first lady Dame Patience Jonathan.

It will be recalled that Justice Mojisola Olatoregun had April 6, 2017 vacated her earlier order attaching the account of the former first lady after hearing her application on the ground that she was not a party in the suit leading to order made by the court.

EFCC did not file a response to the application filed to discharge the order.

But dissatisfied with the ruling, the EFCC filed an application seeking a stay of execution of the ruling pending the determination of an application seeking the setting aside of the unfreezing order.

In a motion on notice filed before the court which was brought pursuant to Section 6 (6) (a) and (b), 36 (1) of the Constitution, the anti-graft agency ask the court to set aside the ruling ‘ex debito justitiae’, on the ground that the commission was shut out of the proceedings.

However, at the resumed hearing of the matter on Tuesday, counsel to the EFCC, Rotimi Oyedepo, told Justice Olatoregun that the commission had changed its mind about appealing the unfreezing order.

Oyedepo also informed the judge that the commission was withdrawing its application seeking to stay the execution of the order.

Responding, Mrs. Jonathan’s lawyer, Ifedayo Adedipe, confirmed that he was served with a copy of EFCC’s application to withdraw its application for stay of proceedings.

Adedipe said in view of the EFCC’s action, he would also withdraw the Form 48 and Form 49 he filed to cite Skye Bank for contempt of court for not allowing Patience access to her account in spite of the court order.

After listening to both parties, Justice Olatoregun granted their prayers to withdraw their respective applications.

The anti-graft agency had something in September last year filed an exparte application  before the court, seeking an order of temporary forfeiture of Mrs. Jonathan’s account containing the sum of $5,842,316.66 domicile with Skye on the ground that the money is suspected to be proceeds of crime.

Also affected by the said order are five companies and one Esther Oba who were having a total sums of N7,418,829,290.94 for the five companies and $429,381.87 for Esther Oba in six different commercial banks.

The court is yet to lift the frozen order on the company’s account and that of Oba.

The EFCC had claimed in an affidavit attached to the suit, sworn to by an investigating officer commission, Abdulahi Tukur, that there is urgent need for the court to direct the managers of the bank accounts contained in the schedule filed with the summons FHC/L/CS/1343/16 to in the interim, forfeit the money contain therein to prevent further tampering with the account being sought to be attached.

“Dame Patience Jonathan’s money in Skye bank account number 2110001712 with current balance of $5,842,316.66 is reasonably suspected to be proceed of crime. Five companies Finchley Top Homes Limited, Aribawa Aruera,Magel resort Limited, AM -PM Global network Limited Pansy Oil and Gas Limited and Esther Oba are also affected.

“Finchley Top Homes Limited fraudulently open account number 1102001996 domicile with ECOBANK PLC with a current balance of N226,376,700.23 and a fixed deposit with balance of N1,099,511,484.88.

“Finchley Top Homes Limited also fraudulently open the following accounts, 1771731336 domicile with SKYE bank PLC with current balance of N14,173,848.85, 4011019539 domicile with Fidelity bank Plc with current balance of N1,800,494,000.00 0016901361 domiciled with Stanbic bank Plc  with current balance of N40,594,12.88 0019213687 domiciled with Diamond bank Plc with current balance  of N39,418,712.12

“Another Limited liability company affected by the order of the court is Aribawa Aruera reachout Foundation opened account number 1222014221 domiciled with ECOBANK bank Plc with closing balance of N479,893,431.01

“Others are, Magel resort limited open account number 4011019546/5250059782 domiciled with Fidelity bank Plc with current balance of N1,000,494,000.

“There were other two accounts open by Magel Resort Limited, 1011744356 domiciled with Zenith bank Plc with balance of N858,923,982.00 and 0024351590 domiciled with Diamond bank Plc with balance of N174,166,207.00.

“AM-PM Global Network Limited open account number 0026718889 domiciled with Diamond bank Plc with balance of N7,213,303.50

“Pagmat oil and Gas Limited open account number 4011019577 with Fidelity bank with current balance of N1,809,666,494.68 and account number 0026838491 with Diamond bank Plc with balance of N55,930,024.50.

“Esther Oba open account number 0019213689 with Diamond Skye bank Plc with current balance of $429,381.87

“All the monies were suspected to be proceeds of crime.

“Consequently upon the receipt of intelligent report EFCC analyzed it and found it to be worthy of investigation. Therefore, Mr Tukur averred that it will serve the course of Justice to grant this application.

The presiding judge, Mojisola Olatoregun while granting the order freezing the accounts listed above ordered the anti -graft agency to file undertaking as to damages if it turned out that the order was not to have been made.