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Tag: Patience Jonathan

  • Court adjourns suit seeking forfeiture of Patience Jonathan’s billions till January

    A Lagos Division of the Federal High Court will on January 15, 2019, continue the hearing of a suit seeking final forfeiture of about $8.4 million and N7.4 billion found in bank accounts linked to a former First Lady, Patience Jonathan.

    The new hearing date was fixed Thursday after the court failed to sit and a video evidence scheduled to be shown by the defence could not take place.

    The Economic and Financial Crimes Commission (EFCC), on April 20, secured an interim order for the forfeiture from the judge, Mojisola Olatoregun, through an ex-parte (without notice) application.

    In the suit, EFCC joined Mrs Jonathan, Globus Integrated Services Ltd. and Finchley Top Homes Ltd. as respondents in the suit.

    Also joined as respondents are Am-Pm Global Network Ltd., Pagmat Oil and Gas Ltd., Magel Resort Ltd. and Esther Oba.

    EFCC counsel, Rotimi Oyedepo, had informed the court at the last adjourned date that he had an application for final forfeiture dated of May 8.

    According to him, the application seeks an order of the court for a final forfeiture of sums of money listed in the application.

    He supported the application with an affidavit deposed to on May 20 by Orji Chukwuma, an EFCC operative.

    Mr Oyedepo urged the court to grant the application for final forfeiture.

    However, Ifedayo Adedipe, a Senior Advocate of Nigeria, counsel to the first respondent (Mrs Jonathan), urged the court to refuse the application on the grounds that sufficient facts had not been placed before the court to warrant a final order.

    According to Mr Adedipe, the applicant’s case is that it found money in the accounts of the first respondent which it suspected to be proceeds of unlawful activities.

    He argued that the first respondent was neither invited by the EFCC nor prosecuted.

    Mr Adedipe argued that the applicant (EFCC) failed to take the preliminary steps but headed to seek an order of forfeiture.

    The counsel 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 not been substantiated.

    He noted that Section 36 of the Constitution provided that a person should not be convicted of an offence, unless defined and punishment prescribed.

    According to him, there is no crime known as “statutory suspicion”.

    He submitted that the onus rested on the EFCC to prove that the respondent had such amounts of money, and that they were obtained under false pretences or fraud.

    He said although there were depositions that the funds were obtained from “Women for Change” and Bola Shagaya, there were, however, no evidence before the court to show that the funds were stolen.

    He submitted that the application was vindictive, urging the court to dismiss it.

    Also, Mike Ozekhome, counsel to the third, fourth, fifth and sixth respondents, argued that the application was premature when judged by the provisions of the Advanced Fee Fraud Act.

    Mr Ozekhome said the affidavit of the third respondent to show cause had not been taken.

    According to the counsel, it is when same has been argued and the court finds no merit in it that the EFCC can be justified and better placed to bring the application.

    He submitted that the third, fourth, fifth and sixth respondents filed affidavits to show cause.

    The counsel said that exhibits labelled F1 to F6 were attached to the affidavits.

    He said the exhibits confirmed that the third respondent was a company, showed its certificate of incorporation and its board resolution that Patience Jonathan be made a signatory to it.

    He added that the affidavits showed bank documents indicating that the company’s account was signed by other persons who were also signatories.

    Mr Ozekhome also told the court that the third respondent made money from selling groceries, drinks and other items, adding that exhibit F5 showed video evidence of various outfits legitimately run by the third respondent.

    He prayed the court to allow the video exhibit to be shown in the court.

    According to him, Exhibit F6 are manuals, catalogues and handbills indicating the ongoing legitimate concerns of the third respondent.

    Mr Ozekhome made similar arguments for the fourth, fifth and sixth respondents.

     

  • $15 million Ownership: Patience Jonathan’s suit against EFCC stalled

    Absence of Justice Mohammed Idris of a Federal High Court Lagos on Tuesday, stalled the continuation of hearing in a suit filed by the wife of ex-President Goodluck Jonathan, Patience, against the EFCC, challenging freezing orders on her account.

    The judge was said to be attending a workshop.

    The case was then fixed for June 19.

    Mrs Jonathan had filed the suit in 2016, to challenge the ‘No Debit Order’ placed by the EFCC on four Skye Bank accounts harbouring a total of $15.5 million.

    Joined as defendants in the suit are: Skye Bank and a former aide to President Jonathan, Waripamo-Owei Dudafa.

    Also joined are four companies namely: Pluto Property and Investment Company Ltd; Seagate Property Development and Investment Company Ltd; Trans Ocean Property and Investment Company Ltd; and Avalon Global Property Development Ltd.

    Though the accounts were said to be opened in the names of the four companies linked to Mr Dudafa, Mrs Jonathan filed the suit, laying claims to the funds.

    The case which was slated for hearing on Tuesday, could not proceed as planned, following the absence of the judge.

    At the last adjourned date on May 2, Ifedayo Adedipe appeared for the applicant, Nnemeka Omewa appeared for the EFCC, while Lanre Ogunlesi appeared for the second defendant.

    Defence counsel had informed the court that counsel for the EFCC had sought for leave to file additional processes, adding that same had not been served on him.

    Other counsel also informed the court that they had yet to peruse the processes.

    Justice Idris had then adjourned the case for continuation of hearing.

    At previous adjourned dates, witnesses had began giving evidence in the case.

  • EFCC gets fresh order to seize Patience Jonathan’s $8.4m, N7.3bn

    EFCC gets fresh order to seize Patience Jonathan’s $8.4m, N7.3bn

    The Economic and Financial Crimes Commission has secured a new interim order to seize sum of $8,435,788.84 and over N7.35bn found in 15 bank accounts linked to a former First Lady, Mrs. Patience Jonathan.

    The new order was granted by the Federal High Court in Lagos on April 20, 2018.

    It came about a week after the EFCC failed in its bid to get the funds permanently forfeited to the Federal Government on April 13.

    Justice Mojisola Olatoregun had dismissed the application by the anti-graft agency, based on an objection by Patience’s counsel, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), who also appeared in the case.

    Listed as respondents in the fresh interim order marked FHC/L/CS/620/18, are Patience Jonathan, Globus Integrated Services Limited, Finchley Top Homes Ltd., Am-Pm Global Network Ltd., Pagmat Oil And Gas Ltd. and Magel Resort Limited and Esther Oba.

    After ordering the temporary forfeiture of the funds, Justice Olatoregun ordered the EFCC to “publish in The PUNCH Newspaper or any major national university, the orders of this court for the respondents or anyone, who is interested in the properties sought to be forfeited, appear before this honourable court to show cause within 14 days why the final order of forfeiture of the said properties should not be made in favour of the Federal Government of Nigeria.”

    She adjourned the case till May 11, 2018.

    In its application before the court, the EFCC claimed that its investigations revealed that the funds found in the bank accounts linked to Patience emanated from the coffers of Bayelsa State.

    It said the funds were moved at a time when the former First Lady served as a permanent secretary in one the ministries in Bayelsa State.

    An investigator with the EFCC, Huleji Tukura, who deposed to the affidavit in support of the application, said Patience first opened a First Bank account and then “procured” the then Senior Special Assistant to former President Goodluck Jonathan on Domestic Affairs, Waripamo-Owei Dudafa, to fund the account with “proceeds of unlawful activities.”

    Tukura averred, “That the said Dudafa Warripamo-Owei procured one Festus Isidohomen Iyoha and Arivi Eneji Peter, who were domestic staff attached to the State House, Abuja, to deposit the funds, reasonably suspected to be proceeds of unlawful activities, into the account of the 1strespondent (Patience).

  • Court grants interim forfeiture of Patience Jonathan’s property

    A Federal High Court, Abuja, on Monday, granted an interim forfeiture order of a property belonging to the former first lady, Mrs Patience Jonathan.

    Justice Nnamdi Dimgba, who granted the order, held that it was to enable the Economic and Financial Crimes Commission, (EFCC) investigate the acquisition of Ariwabai Aruera Reachout Foundation, a property liked to Mrs Jonathan.

    Dimba, however, held that the order would elapse after 45 days.

    The EFCC had filed an exparte motion seeking temporary forfeiture of some properties allegedly belonging to Ariwabai Aruera Reachout Foundation.

    The properties are said to be located at plot 1758, Cadastral Zone, B06 Mabushi and Plot No.1350, Cadastral Zone, Central Business District, Abuja.

    The anti-graft agency also asked the court for an order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the properties.

    “An order authorizing the EFCC to appoint competent person(s)/firm to manage the asset/property listed in the schedule herein, temporarily forfeited to the Federal Government pending the conclusion of investigation.”

    The agency said application was predicated on the fact that the property was a subject matter of investigation, inquiry and examination.

    The judge in his ruling on the exparte motion, granted the EFCC a 45-day of grace period within which to investigate whether the property was acquired by Jonathan with proceeds of crime.

    “I have carefully considered the processes filed. I have also carefully considered the arguments.

    “Accordingly, a period of 45 days is accorded to the EFCC to investigate whether the properties in question were acquired with the proceeds of crime.”

    The judge also dismissed the motion challenging the originating summons.

    Mrs Jonathan’s counsel, Mr Mike Ozekhome (SAN), in his reaction to the court’s ruling, said it was a well considered judgment.

    “We did not lose; we won,’’ he said.

    “What the EFCC wanted was for the property in dispute to be attached and forfeited to the government but the court refused, instead, gave them 45 days to further investigate and prosecute if they so wish with liberty to apply for renewal,” he said.

  • Court fixes date for hearing on Patience Jonathan’s assets forfeiture case

    The Federal High Court, Abuja, on Thursday fixed April 30 to rule on an application, seeking the forfeiture of two properties belonging to Patience Jonathan, wife of former President Goodluck Jonathan to the Federal Government.

    The Economic and Financial Crimes Commission (EFCC), on Oct. 20, 2017 filed an ex parte application praying the court for an order of interim forfeiture of some properties belonging to the former First Lady.

    This was with particular reference to the property at Plot No. 1758, Cadastral Zone, Mabushi and Plot No.1350, Cadastral Zone, Central Business District, Abuja.

    The EFCC through its counsel, Mr Benjamin Mangi, told the court that the application was predicated on the fact that the property was a subject matter of investigation, enquiry and examination.

    Mangi denied that the commission took part in the demolition of part of the building as was being alleged by Jonathan, adding that the suit before Justice Nnamdi Dimgba, was different from the one before Justice John Tsoho.

    He prayed the court to refuse Jonathan’s application asking it not to entertain the ex parte motion and to grant EFCC’s prayer for forfeiture of the two properties pending investigations.

    Jonathan’s lawyer, Mr Mike Ozekhome (SAN), filed an application seeking to stop the ex parte motion on the grounds that the properties were already a subject matter of litigation.

    He said that the EFCC had filed another suit in respect to the same properties in the same Federal High Court, Abuja.

    Ozekhome urged the court to condemn the action of the Federal Government whose agent demolished part of the property while the matter was pending in court.

    He prayed the court not to grant the EFCC’s prayer for forfeiture of the said properties, saying they belonged to a separate entity, the Aruera Foundation.

    According to him, the foundation has not breached any law.

    Justice Dimgba adjourned the matter until April 30 for ruling.

     

  • N3.5bn: Patience Jonathan wants bank CEOs jailed

    Former first lady, Patience Jonathan has asked the Federal High Court in Abuja to commit the Chief Executive Officers of three banks to prison over the order de-freezing her foundation’s accounts with the banks.

    Mrs Jonathan through her counsel, Mike Ozekhome (SAN) filed Forms 48 and 49 Committal Proceedings against Adesola Adeduntan (CEO of First Bank) Tokunbo Abiru (CEO Skye Bank) and Uzoma Dozie (CEO, Diamond Bank) following failure of the banks to obey order of the court made on December 5, 2017.

    In the application dated January 5, Mrs Jonathan told the court that despite the contempt proceedings, the respondents/contemnors have refused to obey the order of court to de-freeze the accounts of $5.8million and N3.5billion belonging to her foundation, adding that “unless this Honourable Court intervenes, the Respondents/Contemnors will continue to disobey its orders.”

    The former First Lady had earlier asked the court to strike out an ex parte originating summons by thy Economic and Financial Crimes Commission (EFCC) which sought to forfeit the funds in the bank accounts, arguing that the ex parte constituted a gross abuse of court process.

    The organisations jointly listed against the bank CEOs are Incorporated Trustees of Ariwabai Aruera Reachout Foundation, Pagmat Oil and Gas Ltd, Finchley Top Homes Ltd, AM PM Global Network Ltd, Magel Resort Ltd and Incorporated Trustees of Women for Change and Development Initiative Nigeria.

    Meanwhile, the CEO of First Bank PLC had asked the court to set aside or strike out the committal proceedings on the grounds that the court lacks the jurisdiction to entertain the application.

    The bank said they wrote to Mrs Jonathan on December 15, 2017 to provide the details of any other bank account in her name for transfer of the funds to enable the bank close her account with it, but got no response.

    Justice Binta Nyako has adjourned the case to April 11 for hearing.

  • Patience Jonathan asks court to strike out judgement to forfeit $8.4m, N7.3b

    Wife of former President Goodluck Jonathan, Dame Patience, on Monday asked the Federal High Court in Lagos to strike out an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC), seeking the temporary forfeiture of her $8,435,788.84 and N7.35 billion respectively.

    She asked the court to grant an order striking out the motion filed on December 13 last year because it lacks jurisdiction to hear it.

    Mrs. Jonathan said the motion was “a gross abuse of court process” because the issues were already pending before Justice Binta Nyako of the Federal High Court in Abuja.

    “The ex-parte originating summons filed by the EFCC amounts to forum shopping, thus an abuse of court process,” she said.

    Through her lawyers, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), the former first lady said the same application had earlier been filed by the EFCC before Justice Mojisola Olatoregun of the court’s Lagos division, upon which it had obtained an ex-parte order.

    She said the same application was before Justice Nyako “over same parties to be affected by this same application.”

    She said EFCC allegedly failed to disclose the different suits and orders made prior to filing the application before Justice Olatoregun in Lagos.

    “The respondent is making great mockery of the judicial system and in extension this honourable court,” Mrs. Jonathan said.

    In a supporting affidavit, a lawyer in Ozekhome’s chambers, Chimaobi Onuigbo, said EFCC knowing that its application had been challenged in Abuja, filed the one in Lagos.

    “The respondent upon knowing that their application had been challenged has come to this court to seek same relief over same accounts and parties that it has filed same application against in all the suits already mentioned,” he said.

    The respondents in EFCC’s motion are – Mrs. Jonathan, Globus Integrated Services, Finchley Top Homes Limited, AM PM Global Network Limited, Pagmat Oil and Gas Nigeria Limited, Magel Resort Limited and Esther Oba.

    Onuigbo said their accounts had been frozen for over one year although they had not been charged with any offence by the EFCC.

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  • Court okays freezing of Patience Jonathan’s bank accounts

    An Abuja Division of the Federal High Court has dismissed an application of alleged breach of fundamental rights brought against the Economic and Financial Crimes Commission by former first lady, Patience Jonathan.

    Mrs. Jonathan had asked the court to compel the EFCC to pay N2 billion for the alleged abuse of her fundamental rights.

    The application, which was filed on June 30, 2017 by Mrs. Jonathan’s lawyers, claimed an abuse of the applicant’s rights on account of the fact that accounts belonging to Mrs. Jonathan had been frozen by the commission.

    But in a judgement delivered by Justice John Tsoho, the court said there were three issues seeking determination regarding the matter:

    “Whether the application is not an abuse of the court process; whether the applicants fundamental rights have been abused; and whether the applicant is entitled to seek redress against her fundamental rights,” he said.

    The judge said the arguments by the commission that the case was under investigation had weakened the submissions of the applicants that the frozen accounts were a violation of her fundamental rights.

    “It is obvious that the case of the applicant was weakened by the assertion that the investigation is ongoing,” he said.

    “Having held that the applicant’s case is not made out, I further hold that the applicants is not entitled to any of the reliefs sort.

  • Prison officials awarded N300m contract to Patience Jonathan’s ‘fake company’ – EFCC

    Three unregistered companies, one of which got N300 million contracts, are allegedly owned by former First Lady Patience Jonathan.

    The firms are Euroricia Concept Limited, Pasturage Vert and Mabelt Construction Limited, according to the Economic and FIancial Crimes Commission (EFCC).

    Mrs Jonathan is under probe for allegedly using one of the firms to secure contracts from the Nigeria Prison Service (NPS) for the fencing of Kuje Prison and supply of beddings to some other facilities.

    Funds were also allegedly diverted from the Ministry of Niger Delta Affairs and the National Information Technology Development Agency (NITDA) to the “bogus” firms.

    The EFCC has released Mrs Jonathan’s sister Esther Oba after interrogation. She was arrested last week at the Nnamdi Azikiwe International Airport in connection with alleged laundering of over N359, 397,458.26 through two firms linked with her sister.

    Her passport was not returned to her to restrict her movement to the country pending the conclusion of the investigation.

    A source close to the latest findings said: “Contracts were given to companies owned by her but not registered.

    “Our detectives went to the Corporate Affairs Commission (CAC), searched the database and discovered that these companies were unregistered.

    “The companies are Euroricia Concept Limited, Pasturage Vert and Mabelt Construction Limited. Funds were diverted into these companies from some government agencies, including the Ministry of Niger Delta Affairs, the Nigerian Prison Service (NPS) and the National Information Technology Development Agency (NITDA).”

    The EFCC believes that Mrs. Jonathan used one of the companies to get an unspecified amount of money for a project named Rural Information Technology Centres across the country.

    The NPS could not defend some of the N300m contracts given the firm.

    EFCC investigators are to interrogate Mrs. Jonathan in connection with alleged laundering of over N359, 397,458.26 through two firms.

    The companies are AM-PM Global Networks Limited and Finchley Homes Limited.

    About N317, 397,458.26 was traced to the suspect in AM-PM Global Networks Limited.

    She is expected to explain how she came about the management of N42million in Finchley Homes Limited.

    “We are probing some of the assets of Esther Oba and we may approach the court to place all these assets under Interim Assets Forfeiture in line with Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004,” the source said.

    The ex-First Lady had through her Chief Press Secretary, Belema Meshack-Hart. denied having any link with a N200m IT contract from the National Information Technology Development Agency.

    The statement said: “In their concocted report they claimed that the former first lady is a sole signatory of Magel Resort Limited, a hotel owned by her late mum, Mama Charity Oba. This is untrue as the former first lady had no dealings with the hotel until the demise of her late mum after which the Hotel was handed over to her with the presentation of the death certificate of her mum.

    ”It was also alleged that N200m IT contract was awarded to Magel Resort Limited, this is a figment of the imagination of EFCC as no such contract was awarded to the company. EFCC must stop this media trial and blackmail aimed at tarnishing the image of the former first Lady and get down to the business of conducting proper investigation.”