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Tag: Patience Jonathan

  • New judge to hear Patience Jonathan’s suit against EFCC

    New judge to hear Patience Jonathan’s suit against EFCC

    A new judge, Justice Chukwujekwu Aneke of the Federal High Court in Lagos, has taken over a suit filed by former first lady Dame Patience Jonathan challenging a “no-debit-order” placed on her account by the Economic and Financial Crimes Commission (EFCC).

    It followed the elevation of Justice Mohammed Idris to the Court of Appeal.

    Justice Aneke on Wednesday adjourned until May 22.

    The EFCC, Skye Bank Plc (now Polaris Bank) and three companies – Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd and Trans Ocean Property and Investment Company Ltd are the respondents.

    Mrs Jonathan, in the suit filed in 2016, is demanding N200 million damages.

    She is urging the court to compel the EFCC to immediately remove the “no debit order” placed on her accounts with $9.8 million.

    The plaintiff’s counsel Chief Ifedayo Adedipe (SAN) said there was an amendment to the suit to reflect the change in the bank’s name.

    An aide, Sammie Somiari, deposed to a supporting affidavit on behalf of the former first lady.

    The deponent said a former Special Adviser on Domestic Affairs to President Goodluck Jonathan, Waripamo Dudafa, helped Mrs Jonathan to open the banks accounts.

    Somiari said Mrs Jonathan is the sole signatory to the accounts, adding that after five accounts were opened for, she discovered that Dudafa opened only one in her name while the others were in the companies’.

    The deponent said Mrs Jonathan continued to operate the accounts with debit cards until EFCC placed the “no-deposit order”.

    But, in its defence, EFCC said Mrs Jonathan does not run any business from which she could have earned such huge sums, being the wife of the former president, a civil servant and a retired Permanent Secretary in Bayelsa State.

    “Investigation conducted by the first defendant (EFCC) revealed that the plaintiff is not the owner of the funds in the accounts of the third to fifth defendants (companies), which funds were discovered to be proceeds of fraudulent activities of Waripamo-Owei Emmanuel Dudafa,” EFCC said.

    The commission said between 2013 and 2015, “huge sums of money were stolen from the Federal Government of Nigeria and its agencies.”

    The agencies, it said, included the Nigerian Maritime Administration and Safety Agency (NIMASA) and the office of the National Security Adviser (ONSA

  • No Debit Order: Court fixes date for further hearing of suit filed by Patience Jonathan

    A Federal High Court Lagos on Wednesday, fixed May 22, for further mention of a suit filed by former First Lad, Dame Patience Jonathan, challenging a “No Debit Order” placed on her accounts.

    Patience had filed the suit in 2016, to challenge the order’ placed on four Skye Bank (now Polaris Bank Ltd) accounts harbouring a total of 9.8 million dollars.

    Joined as defendants in the suit are: The Economic and Financial Crimes Commission (EFCC), Polaris Bank Ltd, Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, and Trans Ocean Property and Investment Company Ltd.

    The plaintif is seeking a declaration that she is the owner of the funds in the accounts opened in the names of the third, fourth and fifth defendants, and so, entitled to access to the funds for her use and benefit.

    When the case was called on Wednesday, before Justice Chukwujekwu Aneke, Chief Ifedayo Adedipe (SAN) announced appearance for the Plaintiff.

    On the other hand, Messrs Mohammed Idris, Abayomi Arole, and Chimaobi Onuigbo announced appearances for the second, third and fourth defendants respectively.

    There was no representation for the fifth defendant.

    Adedipe then informed the court that the case which was first before his brother judge, Justice Mohammed Idris (who has been elevated to the court of Appeal) was for mention.

    He said that the matter was coming up before Aneke for the first time, and will be commencing afresh.

    According to him, plaintif had to amend her statement of claim to correctly reflect the name of Skye bank as now Polaris Bank, adding that the change in numenclature necessitated the amendment.

    Other counsel confirmed the position to the court, adding that their respective amended processes will also be filed and served .

    Consequently, Justice Aneke adjourned the case until May 22, for further mention.

    Jonathan is seeking an order, restraining the EFCC or any other person, from preventing the plaintiff access to the said funds contained in the third to fifth defednant’s account with Skye Bank (now Polaris Bank)

    Plaintiff is also seeking an order, discharging the “No Debit’Freezing Order” placed on the accounts of the third to fifth defendants.

    She seeks an order, directing Polaris Bank to release forthwith, the sum of 9.8 million dollars standing to the credit of the plaintiff, as at March 29, 2016, or any such other funds in the account.

  • Patience Jonathan forfeits another N2.4bn to FG

    Patience Jonathan forfeits another N2.4bn to FG

    Exactly eight days after the Supreme Court upheld Federal Government’s interim seizure of the $8.4 million believed to be owned by ex-First Lady, Mrs. Patience Jonathan, the apex court has again agreed to a similar forfeiture of another N2.4bn linked with Mrs. Jonathan.

    While men of the Economic and Financial Crimes Commission (EFCC) said the $8.4 million were discovered in some accounts linked to the ex-First Lady, the N2,421,953,522.00 was said to be held in bank accounts owned by Lawari Furniture and Bath Limited, an entity in which Mrs. Jonathan allegedly has interest.

    In a judgment yesterday, a five-man panel of the Supreme Court rejected the appeal by Lawari Furniture on the grounds that it was without merit. The appeal was filed and argued for the appellant by Mike Ozekhome (SAN).

    In the lead judgment written by Justice Amiru Sanusi but read by Justice Sidi Bage, the court upheld the order of interim forfeiture made by a High Court in Lagos on April 26, 2017, which was affirmed by the Court of Appeal, Lagos in a judgment given on January 12, 2018.

    The court rejected the argument by the appellant who faulted the interim order of forfeiture obtained by the EFCC via an ex-parte motion, and prayed that it be set aside.

    It also rejected the appellant’s prayer to void Section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, on which the High Court relied in issuing the order of interim forfeiture.

    The court, in the lead judgment, noted that it rarely interferes in the concurrent findings of the two lower courts, except where there are exceptional circumstances and the findings perverse.

    It noted that, in the instant case, no such exceptional circumstances existed.

    In his supporting judgment, a member of the panel, Justice Ejembi Eko, observed that the substance of this appeal was similar to the one decided by the court on March 8 this year (relating to the interim forfeiture of $8.4m).

    Justice Eko said both appeals ought not to be split and assigned to different panels to avoid the risk of issuing conflicting judgments.

    He found nothing wrong with the provision of Section 17 of the Money Laundering Act, which he noted was the same as the provision in Section 29 of EFCC Act.

    Other members of the panel, Justices Ibrahim Tanko Muhammad, Mary Peter Odili and Kudirat Kekere-Ekun, agreed with the lead judgment.

  • Court to hear evidence on final forfeiture suit against Patience Jonathan on April 12

    A Federal High Court Lagos, Wednesday, fixed April 12, to hear oral evidence in a suit by the Economic and Financial Crimes Commission, seeking final forfeiture of about 8.4 million dollars, and N7.4 billion linked to the former first Lady, Patience Jonathan.

    Justice Mojisola Olatoregun had in a ruling delivered on Feb.28, on the motion for final forfeiture, held that there were conflicting affidavit evidence, which could be best resolved if respective parties were called upon to give oral evidence.

    The case was consequently, adjourned until March 13 (today) for oral evidence.

    On Wednesday, the case could not proceed as earlier scheduled, while April 12 has been fixed as return date

    The News Agency of Nigeria reports that the EFCC had secured an interim order for forfeiture of the sums on April 20, 2018, before Olatoregun, following a motion exparte.

    It joined as respondents: Patience Jonathan, Globus Integrated Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd, Pagmat Oil, and Gas Ltd and Magel Resort Ltd and Esther Oba.

    NAN reports that on Oct. 29, 2018, EFCC counsel, Mr. Rotimi Oyedepo, had moved his motion for final forfeiture of the sums, urging that same be finally forfeited to the Federal Government.

    Meanwhile, defence counsel, Messrs Ifedayo Adedipe (SAN), Chief Mike Ozekhome (SAN), and Mr Ige Asemudara had respectively moved their processes in opposition to the motion for final forfeiture.

    On Jan. 15, the court had admitted electronic evidence presented by respondent counsel, which depicted video exhibits showing various business outfits of the third and sixth respondents

    The court had then adjourned for judgment.

    In a ruling on Feb.28, the judge had first dismissed an application by counsel for the respondents, seeking to set aside the interim forfeiture orders made on April 20, 2018.

    The court had held that it was satisfied that the requirement for the grant of the interim orders was met by the EFCC, adding that it was clear that at the time the interim order was made, there was no pending suit elsewhere.

    Meanwhile, giving its ratio on the motion for final forfeiture, the court held that it finds the affidavit evidence conflicting, adding that same can only be resolved if the parties concerned were called upon to give oral evidence.

  • BREAKING: Supreme Court okays FG’s seizure of Patience Jonathan’s $8.4m

    The Supreme Court has upheld the order of temporary forfeiture made by a Federal High Court in Lagos in respect of the $8.4million traced by the Economic and Financial Crimes Commission (EFCC) to former First Lady, Mrs. Patience Jonathan.

    In a judgment on Friday, a five-man panel of the court unanimously held that the appeal filed by Mrs. Jonathan, challenging the interim forfeiture, was without merit.

    The court ordered Mrs. Jonathan to go before the Federal High Court to justify her ownership of the money to prevent its permanent forfeiture to the Federal Government.

    Details shortly…

  • Court refuses to make forfeiture order on Patience Jonathan’s $8.4m, N7.4b

    Court refuses to make forfeiture order on Patience Jonathan’s $8.4m, N7.4b

    The Federal High Court in Lagos on Thursday refused to order the forfeiture of $8.4 million and N7.4 billion linked to former First Lady Dame Patience Jonathan.

    Justice Mojisola Olatoregun refused an Economic and Financial Crimes Commission (EFCC) application for a final forfeiture of the sums seized from the former First Lady.

    The judge had last April 20 ordered temporary forfeiture of the funds which EFCC said were suspected to be proceeds of crime.

    Mrs Jonathan, Globus Integrated Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd, Pagmat Oil and Gas Ltd and Magel Resort Ltd and Esther Oba are the respondents.

    Among the temporarily forfeited sums are N1.085billion and N226.3million found in Finchley’s Ecobank account and N39.4million found in its Diamond Bank account, as well as N55.9million found in Pagmat Oil and Gas’ Diamond Bank account, among others.

    Mrs Jonathan’s lawyers argued that the money included donations and legitimate earnings by the companies linked to her.

    Justice Olatoregun said parties must give oral evidence to justify the money’s source and ownership.

    “I have stated here that the right of parties in this suit cannot be determined by affidavit evidence.

    “Oral testimonies are to be called with cross extermination.

    “I hereby order parties to call upon their witnesses so that the right of parties can be determined one way or the other,” the judge ruled.

    EFCC said the money is “reasonably suspected to be proceeds of unlawful activity”.

    The commission also faulted Mrs Jonathan’s claim that some of the funds were donations.

    “From the totality of what she filed, she did not disclose the identities of those who made the donations. Fictitious names were used to deposit the funds in the accounts, which show their fraudulent nature,” EFCC said.

     

  • 2019 elections: Goodluck Jonathan, wife, mother vote in Bayelsa [Photos]

    Former Nigeria’s President, Dr. Goodluck Ebele Jonathan; his wife, Dame Patience, and mother, Madam Eunice Afeni have cast their vote in the ongoing presidential and National Assembly elections.

    TheNewsGuru (TNG) reports the former president, his wife and mother cast their vote at Unit 39, Ward 13 at the Otazi Playground, Otuoke in the Ogbia Local Government Area of Bayelsa.

    Jonathan, who voted at 9:30 a.m., while his wife, Patience voted at 9:32 a.m. followed by Ayi, after voting, expressed satisfaction with the conduct of the election.

    He said that if the election was marred with violence and wrong people elected, there would never be development in the country.

    “For us as Nigerians, if we want to grow we must endeavour to elect the right people to lead us. So Nigeria needs decent and credible elections.

    “As a PDP member, I want my party to win all the seats.

    “We must give room for credible elections that is the only way a true leader can be selected to rule the people,” Jonathan said.

    He advised any candidate who might lose the election to concede defeat in the spirit of true democracy.

    “When you lose election accept it, if you think you are good enough and you are interested you can come back” the former president told newsmen immediately after casting his vote.

    TNG recalls Jonathan and his wife, in the 2015 presidential elections, which Jonathan contested and lost, were faced with an ordeal at the polling unit where the card reader deployed refused their permanent voters card (PVC).

    The card reader rejected their PVCs even after they tried repeatedly during accreditation, and it was the same thing for Jonathan’s mother in the 2015 presidential election. They managed to vote upon filling the incident forms.

    See photos:

     

  • $8.4m forfeiture suit: Patience Jonathan knows fate Feb 28

    A Federal High Court, Lagos, on Monday reserved judgment until Feb. 28 in a suit seeking final forfeiture of 8.4 million dollars (about N7.4 billion) allegedly linked to former First Lady Patience Jonathan’s account.

    The Economic and Financial Crimes Commission (EFCC) had secured an interim order for forfeiture of the sum before Justice Mojisola Olatoregun on April 20, 2018, through an exparte application.

    In the suit, EFCC joined as respondents: Jonathan, Globus Integrated Services Ltd., Finchley Top Homes Ltd., Am-Pm Global Network Ltd., Pagmat Oil and Gas Ltd. and Magel Resort Ltd. and one Esther Oba.

    On Oct. 29, 2018, EFCC counsel, Mr Rotimi Oyedepo, moved a motion for final forfeiture of the sum, while defence counsel, Messrs Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN) opposed the application.

    On Jan. 15, the court admitted as an
    exhibit, electronic evidence showing business outfits of the third respondent, Finchley Top Homes Ltd.

    The court then adjourned for Judgment.

    On Monday, the case was further adjourned until Feb. 28, as the judge was said to be on another official assignment.

    The News Agency of Nigeria (NAN) reports that in moving the application for final forfeiture dated May 8 2018, Oyedepo supported it with an affidavit deposed to by Mr Chukwuma Orji, an EFCC operative.

    He told the court that he relied on written averments as well as exhibits EFCC 12 and EFCC 13 to make the application.

    He prayed the court to grant the application.

    opposing the application, Jonathan’s counsel, Adedipe, urged the court to refuse the application on the grounds that sufficient facts had not been placed before it to warrant a final order.

    According to Adedipe, the EFCC only claims that it found money in Jonathan’s account and reasonably suspects that it is a proceed of unlawful activities but failed to invite her or take other necessary preliminary steps before seeking an order of forfeiture.

    Adedipe said that the practice fell short of prosecutorial procedures.

    He argued that the depositions by the applicant that the funds represented proceeds of unlawful activities had yet to be substantiated, according to Section 36 of the 1999 Constitution.

    He noted that Section 36 provides: “
    “A person shall not be convicted of an offence unless the offence is defined and punishment prescribed.’’

    According to him, there is no crime known as “statutory suspicion and so, the onus rests on the EFCC to prove that the respondent has such an amount of money, and that it was obtained under false pretences or fraud.

    Counsel to the third to sixth respondents, Chief Mike Ozekhome (SAN), argued that according to the provisions of the Advanced Fee Fraud Act, the application was premature, as the affidavit of the third respondent to show cause, had yet to be taken.

    According to him, it is when it has been argued and the court finds no merit in it that the applicant can be justified and better placed to bring the final forfeiture application.

    Ozekhome also told the court that the third respondent made money from selling groceries and drinks, among other items,

  • Fear of forfeiture: Patience Jonathan submits video ‘evidence’ to prove source of $8.4m, N7.4b

    Former First Lady Dame Patience Jonathan’s lawyers yesterday played five videos to prove the source of $8.4 million and N7.4 billion, which the Economic and Financial Crimes Commission (EFCC) seeks to forfeit to the Federal Government.

    The videos were projected before Justice Mojisola Olatoregun of the Federal High Court in Lagos.

    The judge had last April 20 ordered temporary forfeiture of the funds, which EFCC said were suspected to be proceeds of crime.

    Mrs. Jonathan, Globus Integrated Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd, Pagmat Oil and Gas Ltd and Magel Resort Ltd and Esther Oba are the respondents.

    Among the temporarily forfeited sums are N1.085 billion and N226.3 million found in Finchley’s Ecobank account and N39.4 million found in its Diamond Bank account, as well as N55.9 million found in Pagmat Oil and Gas’ Diamond Bank account, among others.

    EFCC’s counsel Rotimi Oyedepo had urged the court to order the money’s final forfeiture to the Federal Government.

    But, Mrs. Jonathan’s lawyer Chief Ifedayo Adedipe (SAN) opposed the application.

    He urged the court to refuse it on the basis that sufficient facts were not placed before the court to warrant a final forfeiture order.

    The SAN argued that Mrs. Jonathan was neither invited by the commission to explain the sources of the funds nor was she charged with any offence.

    Adedipe contended that the depositions by the applicant that the funds represented proceeds of unlawful activities were not substantiated.

    The companies’ counsel, Chief Mike Ozekhome (SAN), argued that going by the provisions of the Advanced Fee Fraud Act, EFCC’s motion for final forfeiture was premature.

    He argued that it was only when the companies’ affidavits to show cause are argued, and the court finds no merit in them, that the final forfeiture application could be justified.

    According to him, his clients filed affidavits to show cause, adding that one of the companies exhibited its certificate of incorporation, its board resolution that Patience Jonathan be made a signatory to it, and bank documents showing its account are signed by other persons who are also signatories.

    Besides, Ozekhome told the court that one of the companies makes money from selling items such as groceries, drinks, lighting, among others, adding that there was a video clip exhibit of various outfits legitimately run by the company.

    The first video, which lasted 25 minutes, showed business outlets and products of Finchley Homes Ltd. They include interior and exterior home decorations, household utensils, textiles, drinks, noodles, furniture, a warehouse, as well as various pickup vans said to belong to the company.

    The second video clip, which ran for four minutes, showed the business outfit of the Otuoke, Bayelsa State based Magel Resort Ltd, which comprised a luxurious hotel equipped IT centres.

    Adedipe also exhibited three videos showing activities of the Women for Change Initiative, a non-governmental organisation linked to Mrs. Jonathan.

    The first 10-minute video showed the flag off of the initiative’s campaign.

    It was followed by another 10-minute clip showing aspects of the initiative’s empowerment of women through the distribution of food items.

    The final video of seven minutes duration showed Mrs. Jonathan visiting Katsina State for the initiative’s flag-off.

    The hearing continues today.

  • EFCC approaches S’Court to affirm interim forfeiture of Patience Jonathan’s $8.4m

    EFCC approaches S’Court to affirm interim forfeiture of Patience Jonathan’s $8.4m

    The Economic and Financial Crimes Commission (EFCC) on Wednesday urged the Supreme Court to affirm an order of interim forfeiture made by the Lagos Division of the Federal High Court in respect of the sum of $8.4m linked to the wife of former President Goodluck Jonathan, Mrs Patience Jonathan.

    Patience, through his lawyers, led by Mr Ifedayo Adedipe (SAN), argued her appeal before the apex court on Wednesday to challenge the order of interim forfeiture.

    She, also challenged the constitutionality of section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, which was relied on by the Federal High Court t to issue the order of interim forfeiture.

    Responding, EFCC’s lawyer, Mr. Rotimi Oyedepo, urged the apex court not only to dismiss the appeal but to also uphold the constitutionality of section 17 of AFFA.

    The Justice Dattijo Muhammad-led the five-man panel of the Supreme Court which heard the appeal on Wednesday, fixed March 8 to deliver its judgment.

    Other members of the apex court’s panel are Justices Kumai Akaahs, John Okoro, Ejembi Eko and Sidi Bage.

    The EFCC had earlier in the year approached the Federal High Court in Lagos with an ex parte application seeking the forfeiture of the sum of $8,435,788.84 and other various sums in various bank accounts linked to the wife of the former President.

    The anti-graft agency, in its application anchored on section 17 of AFFA, had urged the court to grant an order of interim forfeiture of the funds which they said were suspected proceeds of unlawful activities.

    Patience Jonathan and others including some organisations were joined in the said ex parte application as respondents.

    Justice Mojisola Olatoregun of the Federal High Court in Lagos had on April 20, 2018 granted the ex parte order.

    She also ordered the EFCC to publish the court’s order in any major national newspaper to enable the respondents or anyone interested in the funds to appear before the court to show cause within 14 days why the final order of forfeiture of the said funds should not be made in favour of the Federal Government of Nigeria.

    Patience had, however, filed an appeal before the Court of Appeal to challenge the competence of the ex parte application filed by the EFCC to request the order of interim forfeiture, the validity of the order made by the trial court and the constitutionality of section 17 of AFFA.

    The Court of Appeal had dismissed her appeal prompting her to approach the Supreme Court to rule in her favour.

    Arguing her appeal on Wednesday, her lead counsel, Adedipe, urged the Supreme Court to quash section 17 of AFFA which he contended negated the principles of fair hearing and presumption of innocence prescribed in the constitution.

    He also said the ex parte application which the trial court granted failed to disclose the alleged “unlawful activities,” the funds were linked to.

    Chief Mike Ozekhome (SAN) was present at the Wednesday’s proceedings to argue the appeal against the other forfeiture of the other funds but the cases were listed for hearing.