JUSTICE Mohammed Idris of a Federal High Court
Lagos, on Tuesday refused to restrain a fellow judge from taking steps in
relation to the frozen $15.5 million allegedly belonging to Patience Jonathan.
Mr. Idris declined an application by counsel to the former first lady, Ifedayo
Adedipe, who sought an order to restrain Justice Babs Kuewumi from taking
further steps on the frozen sum. Mr. Adedipe had urged the court to stop
Justice Kuewumi from making any forfeiture orders, in respect of the said sum,
which was frozen by the EFCC, until the determination of an interlocutory
application on the subject.
It will be recalled that Mrs. Jonathan had
instituted a fundamental rights suit against the EFCC, claiming the sum of $200
million as damages for inconveniences suffered.
In her suit, she had joined the EFCC, Skye Bank plc, and a former aide
to ex-president Goodluck Jonathan, Warampo Dudafa, as respondents. Also joined
in the suit are four companies: Pluto Property Ltd, Seagate Property
Development and Investment Company Ltd, Transocean company Ltd and Globus
Integrated Service Ltd. Mr. Dudafa was charged alongside the four companies
before Justice Kuewumi, on 15 counts of money laundering.
Representatives of the four companies, which the
EFCC said were used by Mr. Dudafa to launder the said money, had all pleaded
guilty to the offences. The said $15.5 million is the same sum which the former
first lady claims belongs to her as sole signatory to the accounts of the
companies. When the case was called on Tuesday, Justice Idris acknowledged a
letter from counsel representing Skye Bank, Lanre Ogunlesi, stating that he was
indisposed and could not attend the court. The judge added that since Mr.
Ogunlesi has requested for a new date to enable him appear in court, the
hearing of the application on notice could not proceed.
Meanwhile, before the court could adjourned the
case, Mr. Adedipe had urged the judge to direct the EFCC not to tamper with the
subject matter of the case pending the hearing of the interlocutory
application. In response, counsel to the EFCC, Rotimi Oyedepo, urged the court
to dismiss the application on the grounds that the accounts which housed the
money had been frozen. He urged the court to dismiss the application with a
“wave of hand”; adding that there was already an order of court convicting four
defendants for warehousing proceeds of crime.
In a short ruling, Justice Idris held that he could
not go into the merits or demerits of the interlocutory application, until it
is moved. He ordered accelerated hearing of the case and said that he could not
make any order that will be prejudicial to the outcome of the main suit. He
consequently adjourned the case to December 7 for hearing of the main
application.
In her suit, Mrs. Jonathan is urging the court to
issue an order discharging the freezing order, and restraining the EFCC and its
agent from further placing a freezing order on the said accounts.
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