The Federal High Court, Ikoyi in Lagos state, has fixed a date for the hearing of a motion seeking the final forfeiture of the N2.4bn and $5.78m linked to Patience Jonathan, the wife of former President Goodluck Jonathan.
Justice T.G Ringim fixed the hearing on the case filed by the Economic and Financial Crimes Commission (EFCC), for October 7, 2021.
The EFCC had filed an ex-parte application before Justice Mojisola Olatoregun for the forfeiture of the funds in Skye Bank Plc and Ecobank Plc, arguing that the money was reasonably suspected to be proceeds of fraud.
Justice Olatoregun had on April 26, 2017, ordered the temporary forfeiture of the money after the Commission’s application.
Jonathan and other respondents; LA Wari Furniture and Bathes, opposed and approached the Court of Appeal and later the Supreme Court to challenge the ruling. They however, lost as the courts affirmed the order of Justice Olatoregun.
Justice Olatoregun retired from the Bench in 2019 and the Chief Judge of the Federal High Court re-assigned the case to Justice Chuka Obiozor.
However, Justice Obiozor could not preside before his transfer to the Federal High Court in Benin, Edo.
At the resumed hearing on Monday, June 28, EFCC counsel, Rotimi Oyedepo narrated the matter to Justice Ringim and prayed for final forfeiture.
Ifedayo Adedipe (SAN) and Gboyega Oyewole (SAN) appeared for Patience Jonathan.
Counsel to the companies, Mike Ozekhome (SAN) urged the court to give a long adjournment, to enable him make preparation to file an application challenging the constitutionality of the suit.
Responding, Oyedepo opposed the application and prayed the court not to grant same on the grounds that there was a procedure enshrined in Section 17 of the Advanced Fee Fraud and Other Related Offences Act, which the EFCC had complied with except the last step, which was a motion for final forfeiture.
Justice Ringim held that the nature of the proceedings was special and cannot be truncated by any application.
“In my humble opinion, there is a procedure to follow in this type of application, which cannot be truncated. The court cannot adjourn the matter because of an application, which is yet to be filed.
“However, due to the nature of the application, as hinted by the second respondent, the court will not shut the application out. This court will adjourn for the hearing of the motion for final forfeiture that is pending.
“Consequently, the second respondent is, hereby, ordered to file the application, if any, within 14 days from today, and the plaintiff will have one week to respond. It will be heard alongside the motion for final forfeiture” Ringim said.
The court adjourned the matter till October 7, 2021.
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