The Court of Appeal has fixed July 5, 2017, to hear the appeal filed by the wife of ex-President Goodluck Jonathan to challenge the interim order of the Federal High Court in Lagos which temporarily froze her Skye Bank account with a balance of $5.9m.
Patience’s lawyer, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), who disclosed this on Monday, therefore, urged Justice Mojisola Olatoregun of the Federal High Court to suspend further proceedings in the case pending the outcome of the appeal.
Ozekhome, who represented La Wari Furniture and Bath Limited, whose Ecobank account with a balance of N2.4bn was also frozen, argued that it would be disrespectful for Justice Olatoregun to proceed with the case after the appeal had been entered and the appellate court had issued a hearing notice.
“The appeal in this matter has been entered and going by Rule 5 of the Court of Appeal Rules, this court ceases to exercise jurisdiction to proceed in this matter. It will amount to an illegal judicial voyage if this court embarks on the proceeding in this matter,” Ozekhome contended at the Monday proceedings.
Consequently, Justice Olatoregun, in a short ruling, adjourned the case till September 24, 2017, to give the parties time to “ventilate their views in the appellate court.”
She held, “I have seen the hearing notice issued by the Court of Appeal. I believe it will be in the interest of justice for parties to ventilate their views at the Court of Appeal.
“I will, therefore, adjourn this case until 20th of September.”
Justice Olatoregun, who had on April 26 temporarily froze Patience’s account, had earlier fixed Monday for anyone interested in the $5.9m found in the account to appear before her to show cause why the money should not be permanently forfeited to the Federal Government.
When the matter came up on Monday, counsel for the Economic and Financial Crimes Commission, Mr. Rotimi Oyedepo, said he was ready to move his application for the final forfeiture of the money.
However, the proceedings took a different turn after Adedipe and Ozekhome told Justice Olatoregun of the appeal filed by their clients and the hearing notice issued by the Court of Appeal to hear the case on July 5.
The EFCC had while urging Justice Olatoregun to temporarily freeze Patience account on April 26, told the judge that the $5.9m suspected to be proceeds of criminal activity by Patience.
In an affidavit filed in support of the ex parte application, an operative of the EFCC, Musbahu Abubakar, stated that Patience opened the Skye Bank account on February 7, 2013 and used it to allegedly warehouse proceeds of crime.
According to Abubakar, the former first lady made several cash deposits in United States dollar into the account, through a former Special Assistant to ex-President Jonathan, Waripamo-Owei Dudafa, and a State House steward, Festus Iyoha.
He said as of January 30, 2015, the Skye Bank account had a balance of $6.7m but Patience subsequently withdrew it down to $5.9m.
The EFCC prayed the court to urgently freeze the account so as to prevent Patience for moving the funds.
Apart from the Skye Bank account with $5.9m, the EFCC also obtained a freezing order in respect of an Ecobank account, with a balance of N2.4bn, which was opened in the name of one La Wari Furniture and Bath Limited.
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