EFCC Appeal Court’s Ruling Unfreezing Patience Jonathan’s Account
The Economic and Financial Crimes Commission (EFCC) has asked the Lagos Division of the Court of Appeal to set aside the ruling 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.
EFCC argued in the notice of appeal that it was wrong for the trial judge, Justice Mojisola Olatoregun to set aside the interim order of attachment pursuant to the application of a non-party to the proceedings.
It will be recalled that the judge had last week Thursday vacated an order attaching the account in a ruling on an application by the former first lady seeking the unfreezing of her account on the ground that she was not a party in the suit leading to the freezing order made by the court.
Dissatisfied with the ruling, the anti-graft agency, in a notice of appeal, argued that the lower court erred in law by setting aside the order of interim forfeiture made pursuant to Sections 29 and 34 of the EFCC Act, 2004.
The EFCC also filed an application before the lower court seeking a stay of execution of the ruling pending the determination of an application seeking for its setting aside.
In a motion on notice filed at the lower court which was brought pursuant to Section 6 (6) (a) and (b), 36 (1) of the Constitution, the anti-graft agency is seeking for the setting aside of the ruling ‘ex debito justitiae’, on the ground that it was shut out of the proceedings.
In the motion, it was argued that the former first lady’s application was moved by her lawyer, Chief Ifedayo Adedipe (SAN) without the EFCC filing a counter affidavit or being represented in court.
Citing reasons why it was not represented in court, the commission said the lawyer who was assigned the duty to respond to Mrs Jonathan’s motion, Edozie Chikezie, had seriously took ill thereby making him incapable to file and respond to it.
The EFCC said it has since filed its counter-affidavit to the motion and that considering the peculiarity of the matter and the amount involved, it is expedient and necessary for the court to hear the case on its merit.
The lower court had sometimes last year while ruling on an ex-parte application by the EFCC attached the account on the suspicion that it contained proceeds of crime.
Also affected by the said order are five companies and one, Esther Oba. The five companies were said to have a total of N7,418,829,290.94 while Esther Oba was having $429,381.87 in six different commercial banks.
The five companies involved are: Finchley Top Homes Limited, Aribawa Aruera Reachout Foundation, Magel resort Limited, AM-PM Global Network Limited and Pagma Oil and Gas Limited.
