A Federal High Court sitting in Lagos has adjourned till May 22, the suit seeking final forfeiture to the Federal Government, of the sum of $5.8 million belonging to Mrs Patience Jonathan, a former First Lady.
Trial judge, Justice Mojisola Olatoregun, adjourned the suit following argument by counsel to Mrs Jonathan, Mr Ifedayo Adedipe, SAN, that the respondent was not availed sufficient notice to file a response. It will be recalled that the court had on April 26, issued an interim order for forfeiture of the sum of $5.8 million belonging to Mrs Jonathan.
The order followed an ex parte application by the Economic and Financial Crimes Commission, EFCC, seeking a forfeiture of the sum to government, pending the determination of the suit. Patience Jonathan At the resumed hearing in the matter, yesterday, counsel to the respondent, (Adedipe), informed the court of an appeal he had filed against the court’s ruling as well as a motion for stay of further proceedings.
He argued that the EFCC ought to have waited to abide by the decision of the Court of Appeal in the matter. Adedipe noted that the publication of the court’s order in a national daily was only done on May 11, adding that such notice was too short to allow for the filing of any response. In response , lawyer to the EFCC, Rotimi Oyedepo, said that the business of the day was for any interested party to appear and show cause.
He noted that the argument of respondent’s counsel fell outside the purview of the court’s business with respect to the matter at hand and urged that progress be made. In her observation, however, Justice Olatoregun noted that the suit will only be adjourned on the grounds that the time frame of the said publication was short.
She adjourned the case to May 22, for the respondent or any interested party to appear and show cause why the interim forfeiture order should not be made absolute. It will be recalled that Justice Olatoregun had sometime in November, 2016, granted a forfeiture order of the said sum following an application by the commission.
The court had, however, in March this year, vacated the earlier order, following an application by Mrs Jonathan’s counsel, Adedipe, who had challenged the propriety of EFCC’s action. The EFCC had then filed a new motion entitled “Action in Rem,” seeking an order for interim forfeiture of the said $5.8 million lodged in the respondent’s Skye Bank account.
The commission also sought an order directing the interim forfeiture of N2.4 billion discovered in an Ecobank account in the name of La Wari Furniture and Bath Limited, suspected to be proceeds of crime.
