A Federal High Court sitting in Lagos presided over by Justice Mohammed Idris on Tuesday declined to restrain a fellow judge from making any forfeiture orders, with respect to the frozen $15.5 million said to belong to Patience Jonathan.
Mr Ifedayo Adedipe (SAN), counsel to Mrs Jonathan had sought an order to restrain Justice Babs Kuewumi from taking further steps on the $15.5 million allegedly belonging to the former First Lady.
The bank account with the funds was frozen by the Economic and Financial Crimes Commission (EFCC), until the determination of an interlocutory application on the subject.
He urged 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.
But responding to the case, Justice Idris acknowledged a letter from counsel representing Skye Bank, Mr Lanre Ogunlesi, stating that he was indisposed and could not attend the court.
The judge said that since Ogunlesi has requested for a new date to enable him to appear in court, that the hearing of the application on notice cannot proceed.
Meanwhile, before adjourning the case, Adedipe had prayed the judge to direct the EFCC not to tamper with the subject matter of the case pending the hearing of the interlocutory application.
Responding, counsel to the EFCC, Mr Rotimi Oyedepo, argued that the court should dismiss Adedipe’s application on the grounds that the accounts which housed the money had been frozen. According to him, the application should be dismissed with a “wave of hand” as there was already an order of court convicting four defendants for warehousing proceeds of crime.
Ruling on the case, Justice Idris held that he was not going to go into the merits or demerits of the interlocutory application until it is moved and ordered the accelerated hearing of the case.
He said he could not make any order that will be prejudicial to the outcome of the main suit and consequently adjourned the case to December 7 for the hearing of the main application.
Patience Jonathan had instituted a fundamental rights suit against the EFCC, claiming the sum of $200 million in the suit as damages for inconveniences suffered.
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 namely: Pluto Property Ltd, Seagate Property Development and Investment Company Ltd, Transocean company Ltd and Globus Integrated Service Ltd.
It will be recalled also that Dudafa was charged alongside the four companies before Justice Kuewumi, on 15 counts of money laundering.
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