•Judge refuses to unfreeze accounts

The Federal High Court in Lagos yesterday refused to grant Mrs. Patience Jonathan’s request to release her accounts holding $15.591million.

Justice Mohammed Idris held that she and other parties must give oral evidence on the money’s ownership.

Mrs. Jonathan will, therefore, be required to appear in court to give evidence on how she came about the money, which the Economic and Financial Crimes Commission (EFCC) described as a “proceed of crime”.

Since the case was filed, Mrs. Jonathan has never attended the proceedings. She has always been represented by lawyers.

She sued the EFCC for placing a no-debit order on the Skye Bank Plc accounts.

Justice Idris ordered parties to file pleadings since issues were joined on the money’s ownership.

The judge said the defendants formulated issues that were different from the one formulated by Mrs. Jonathan in her originating summons, which he said was “unacceptable”.

Besides, he said the nature of the case was not one to be decided by or an originating summons procedure in which witnesses are not called to testify.

“The issues formulated by all the defendants are baseless. They go to no issue and will be ignored by the court.

“I hold that this court lacks the competence to determine the issues raised by the defendants in their written addresses, having abandoned the specific issues formulated by the plaintiff in the originating summons.

“It is unfortunate. I say this because the issues raised by the defendants appear on the face of it good and deserving to be considered on their merit.



“But, I as I understand it to be the law, sentiment has no basis in the adjudicatory system,” the judge said.

Justice Idris said where processes were not properly prepared, any defect would render the proceeding fatal.

The court, he said, cannot “re-formulate” the issues for determination.

He further held that there was a contention as to issues and facts on the money’s ownership.

“In respect of this issue (of ownership), the contention appears divided and there is clearly an air of friction in the proceedings,” the judge said.

According to him, all the defendants’ counter-affidavits contain disputed facts that could not be decided without oral evidence.

“In the light of the above affidavit evidence, it cannot in my view be rightly contended that there are no disputed facts of substance as to the ownership of the said funds and the law.

“The issues of fact raised by the defendants herein are not spurious or irrelevant. The affidavit of the plaintiff is also not conjectural.

“In my view, the facts are contentious, and oral evidence needs to be led by the parties herein.

“In the light of the above facts, this case is generally not suitable for an originating summons procedure.

“In the circumstances, the court hereby orders that the parties herein file pleadings in accordance with the Federal High Court Civil Procedure Rules 2009 and trial shall then proceed accordingly.

“This is the order of the court,” Justice Idris held.

The EFCC had urged the court not to release the accounts because the money is suspected to be a “proceed of crime”.

Skye Bank Plc, Jonathan’s former aide Waripamo-Owei Dudafa, 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 are the other respondents.

The companies, through their representatives, had pleaded guilty to laundering the money last September 15, when they were arraigned before Justice Babs Kuewumi of the same court.

They were charged with Dudafa, Briggs and a banker, Adedamola Bolodeoku for laundering the money.

Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

But, the companies, through another representative, filed an appeal, contending that they pleaded guilty “in error”. The appeal is pending.

In a supporting affidavit to her application, Mrs. Jonathan’s aide, Sammie Somiari said Dudafa helped the former first lady to open the accounts about March 2010.

The deponent claimed Mrs. Jonathan was the sole signatory to the accounts and that she had no relationship with the companies.

He said after the accounts were opened, Mrs. Jonathan discovered that Dudafa opened only one of the accounts in her name while the other four were opened in the names of companies belonging to Dudafa.

The deponent said Mrs. Jonathan continued to operate the accounts even though they were not in her name.

He said the bankers promised to rectify the problem by changing the accounts to Mrs. Jonathan’s name, but never did.

EFCC is contending that the money is a proceed of crime and should be forfeited to the Federal Government.

Another judge of the court on April 26 ordered the temporary forfeiture of a separate $5,842,316.66 belonging to Mrs. Jonathan.

EFCC said the sum was “reasonably suspected to be proceeds of unlawful activities”.

According to the commission, “several huge cash deposits in dollars were made to the account, sometimes with fictitious names”.

http://thenationonlineng.net/patience-jonathan-must-justify-ownership-15-591m-says-court/

" it is my hard earns money from gifts given to me by great political manhoods"----patience Jonathan

Click "like" if the money is actually gifts from manhood.

Total confusion on this matter.

If there is honour among thieves, then this woman should at least have shown remorse by standing off this shameless pursuit of our stolen funds.

But to her the gods want to destroy/disgrace , they first made crazy . So her insatiable greed is her nemesis.

this meme cuts across so many issues i swear

She go talk say na gift....

Makes one wonder how people go dash you $15m (not naira) without having ulterior motive...

Both the dasher and dashee are barawos

Aufbauh:
This woman keep embarrassing herself

Patience Jonathan owns the money.

She applied for the loan when she was the permanent secretary for the Bayelsa state ministry of education so that she can be spending the money after retirement.

How and where she applied for the loan, I do not know, probably the Brentton woods system.

"Gifts and assistance when she was sick for a long period solves it all.."

The money would eventually be released... even NNPC Gmd made N9b from gifts alledged.. that case is long forgotten, same as N43b, same as service chiefs, same as all the mansions with (this building is under efcc investigations)... really its a crazy country

They are gifts. #Chikena. Buhari's government is hell bent on intimidating Jonathan's family and men.

[quote author=Pierocash post=56339372][/quote]I like that meme

I'm kinda confused. I thought I read somewhere some judge granted her unfettered access to the account and she even went ahead to withdraw some money from it recently. .

Or aren't we looking at the same case?

Gifts from Dasuki National Bank

so simple. PJ=$+15.591

Good

snawañ

Progressive01:
I'm kinda confused. I thought I read somewhere some judge granted her unfettered access to the account and she even went ahead to withdraw some money from it recently. .

Or aren't we looking at the same case?

that's the $5m case. Na 2 dey her neck

OlujobaSamuel:

that's the $5m case. Na 2 dey her neck

Oh, I see.

Progressive01:
I'm kinda confused. I thought I read somewhere some judge granted her unfettered access to the account and she even went ahead to withdraw some money from it recently. .

Or aren't we looking at the same case?

Different money my brother.

They are d cause of hardship in da land

If we had voted GEJ till 2019, that money would be counting in the hundreds of millions. Thank God she wont have access to 'gifts' ever again

She should go and tell the court that they were the proceeds of the fresh stinking air of corruption her and her husband and their crews of bandits were happily spraying all over the nation for 5 years!

So funny

Aufbauh:
If there is honour among thieves, then this woman should at least have shown remorse by standing off this shameless pursuit of our stolen funds.

But to her the gods want to destroy/disgrace , they first made crazy . So her insatiable greed is her nemesis.

bros it is really painful that this woman has no shame at all, and we have people that are ready to die for her.
I have always been saying this, as long as Jonathan knew that his wife stole that huge amount of money during his regime and he didn't do anything, it only proves that he also has his own skeleton in a cupboard.

how can someone has more than $15 million and claim it is a gift please who give out that huge amount of gift,it really painful when we have people that feed from hand to mouth while the wife of GCFR has uncountable naira in account and she won't take #5 to the grave.

Since when is an accused supposed to prove his or her innocence?

It is for the prosecution to prove the money was stolen not the other way round!

Awaiting the drama in the court room!

No be lie