Federal court unfreezes Patience Jonathan’s 16 bank accounts

The Federal High Court in Abuja, on Tuesday, vacated an order it made on May 30, freezing 16 separate bank accounts linked to the wife of former President Goodluck Jonathan, Patience

 

Justice Binta Nyako lifted the order that barred Mrs Jonathan and 10 different organizations connected to her, from having access to the bank accounts containing aggregate sums of $5.8million and N3.5billion, the Vanguard reports. The court took the decision after it heard an application that Mrs Jonathan and the 10 companies filed to challenge an ex-parte order that granted the Economic and Financial Crimes Commission (EFCC)  interim ownership of funds in the accounts.

The companies that were cited as co-applicants in the motion that the ex-first lady filed through her team of lawyers led by Chief Mike Ozekhome, SAN, were the Incorporated Trustees of Ariwabai Aruera Reachout Foundation, Pagmat Oil and Gas Nigeria Limited, Flinchley Top Homes Limited, Incorporated Trustees of Women for Change and Development Initiative Nigeria, Transocean Property and Investment Ltd, Seagate Property Development Investment Company, Globus Integrated Services and Pluto Property and Investment Company Limited.

Justice Nyako upheld Ozekhome’s argument that the interim forfeiture order had elapsed and could not be renewed by the EFCC. The former first lady had insisted before the court that the anti-graft agency obtained the forfeiture order by an improper use of the judicial process.

Mrs Jonathan and the 10 firms told the court that the said interim forfeiture order, including a subsequent one that was issued on October 18, had since expired, with the EFCC, failing to establish a nexus between the applicants and any act of illegality.

In a six-paragraph affidavit deposed to by one Chinedu Maduba, Mrs Jonathan and the firms admitted their ownership of the 16 bank accounts.

The applicants told the court that EFCC had before May 30 when it secured the forfeiture order, also filed a similar application that affected most of the parties, before Justice C.M.A. Olatoregun of the Federal High Court sitting in Lagos in suit number FHC/L/CS/1342/2016 with same granted on October 10.

They alleged that EFCC suppressed the fact that it had earlier approached the Lagos Division of court for the same relief it applied for and secured from the court in Abuja.

Mrs Jonathan said, though she was not served a copy of the order that froze her accounts, she said she only became aware of the existence of the forfeiture order from the court in Abuja a few days ago during the hearing of a petition she sent to the National Assembly and after some of her co-applicants tried to operate their accounts to no avail.

She argued that the interim forfeiture order had a lifespan of 90 days commencing from May 30, insisting that the order had long elapsed without any renewal or extension of its lifespan.

“That by reason of these orders, the Applicants have been unable to operate their accounts as the banks who are in custody of their accounts have refused to honour any of the applicants’ instructions ostensibly because of the order of this honourable court”, the affidavit added.

EFCC had in reaction to the application, prayed the court for an extension of the forfeiture order against funds in the 16 bank accounts. EFCC lawyer, Mr Richard Dauda also applied for the extension application to be heard first before the application by Mrs Jonathan and the firms.

However, Justice Nyako, after hearing both motions, said there was nothing before the court to warrant an extension of the interim forfeiture order.

Mrs Jonathan had October 19, also blocked moves by the EFCC to take over assets belonging to her organisation, Ariwabai Aruera Reachout Foundation.

EFCC had in an ex-parte motion it filed before  Judge Dimgba of the Federal High Court Abuja, applied for an order of interim attachment/forfeiture of assets and properties of the foundation at Plot No. 1960, Cadastral Zone A05 Maitama District and Plot No. 1350, Cadastral Zone A00, in Abuja, which the EFCC had contended it was investigating.

However, the former first lady persuaded the court to suspend hearing on the ex-parte motion to enable her to respond to the application. Mr. Jonathan said she got wind of EFCC’s plans and decided to file a counter-motion in opposition to the interim forfeiture order request. She prayed the court to strike out EFCC’s ex-parte Originating Motion dated September 20 on the ground that the court lacks the jurisdiction to entertain the application.

Justice Dimgba has fixed January 22, 2018, to hear the matter.
For more on this report, visit the Vanguard newspaper.