Dismiss Patience Jonathan's N2bn Suit, EFCC Begs Court
The Economic and Financial Crimes Commission (EFCC), on Thursday asked Justice John Tsoho of the Federal High Court Abuja to dismiss a fundamental rights enforcement suit filed by former First Lady, Mrs. Patience Jonathan against the commission.
Mrs. Jonathan's suit was brought pursuant to Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009 and Sections 34(1), 36(1), 37, 42 and 44 of 1999 Constitution as amended.
The suit filed by Ifedayo Adedipe (SAN), on behalf of Mrs. Jonathan is praying for an order for general damages/compensation in the sum of N2 billion against the EFCC jointly and severally for the violation of her fundamental rights.
At a resumed hearing of the suit, I. Abdul representing the EFCC said the suit was unmeritorious and therefore urged the court to dismiss it.
The EFCC attached four exhibits linking Mrs. Jonathan with the said property which were alleged to have been fraudulently acquired.
Abdul denied the claim by Mrs. Jonathan's lawyer that the commission not minding the pendency of the instant suit, filed and secured an exparte order for interim forfeiture of some property belonging to the former first lady.
The EFCC said it had no knowledge of the suit before it filed an application for interim forfeiture of the plaintiff's property.
While conceding that a citizen is entitled to own a property, however, Abdul argued that "under Section 44(2)(k) of the 1999 Constitution as altered, right to own a property is not absolute."
Rather than villified, "the EFCC should be commended for doing a thorough investigation on the property linked to Mrs. Jonathan.
Moving his application earlier, Adedipe urged the court to grant all the prayers as contained on the motion paper.
Adedipe emphasised that rights as enshrined under Chapter 4 of the 1999 Constitution, are fundamental and are in contradistinction with statutory rights.
"But fundamental rights are sacrosanct that no one is expected or permitted to ride roughshod over others.
"The respondent is a creation of statute. Under Section 1(1) of the 1999 Constitution, everybody including the respondent is binding under it, Adedipe argued.
After taking submissions, the court fixed December 8, for judgement.
In a similar matter before Justice Binta Nyako of the Federal High Court, Mrs Jonathan had urged the court to set aside the order of May 30, 2017 that froze her 16 different bank accounts.
The said accounts are containing the sum of $5.8million United States Dollars and N3.5billion on the ground that it has expired.
Mrs. Jonathan is contending that the time frame for the order has elapsed, and therefore should be vacated.
Arguing through her counsel, Mike Ozekhome (SAN), the applicant told the court that the orders of interim forfeiture including a subsequent one issued on October 10, 2017, have become spent and cannot be extended.
Ozekhome posited that the original order was fraudulently obtained by the Economic and Financial Crimes Commission, (EFCC).
Reacting, Richard Daudu on behalf of the EFCC urged the court to hear his application which seeks to extend the forfeiture order.
Dauda said that EFCC's application should be taken first while Ozekhome insisted that his motion should come first as it is challenging the order obtained by the Federal Government in error.
The matter has been adjourned to November 23 for hearing.
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