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| Patience Jonathan |
A Federal High Court in Lagos on
Wednesday fixed Dec. 7 to hear a suit by ex-First Lady, Mrs. Patience
Jonathan, against the Economic and Financial Crime Commission, seeking
to unfreeze her account.
Other respondents in the suit are Skye
Bank and a former Special Assistant to ex-President Goodluck Jonathan,
Waripama-Owei Dudafa.
Also joined in the suit are Pluto
Property and Investment company Ltd, Seagate Property Development and
Investment Company Ltd, Transocean Property and Investment Company Ltd
and Globus Integrarted Service Ltd.
The ex-first lady is demanding the sum of $200 million from the commission as damages for infringing on her rights.
She is also urging the court to issue an
order discharging the freezing order and restrain the EFCC and its
agent from further placing a freezing order on the said accounts.
When the case was called on Wednesday,
Mr. Rotimi Oyedepo, announced appearance for the EFCC, while Mr.
Granville Abibo (SAN) appeared for Jonathan.
Addressing the court, Oyedepo informed
the judge that the case was coming up for the first time, adding that
some of the respondents had yet to be served with the court’s processes.
He said the case was not yet “ripe for hearing”, having been served with the processes on Oct. 19 and is yet to file a response.
His submission was, however, not contested by counsel to the plaintiff.
Consequently, Justice Babs Kuewumi fixed Dec. 7 for hearing.
In an affidavit in support deposed to by
Mr. Sammie Somiari, a lawyer, he averred that on March 22, 2010, she
(Jonathan) had opened five different accounts with Skye Bank with the
assistance of one Damola Bolodeoku and Dipo Oshodi.
He averred that the account mandate forms were duly completed and signed by her.
According to him, Jonathan subsequently
discovered that apart from one of the accounts that bore her name, the
other four accounts were opened in the name of four companies which were
companies belonging to Dudafa.
He said she also observed that the ATM
cards of the said accounts were issued in the names of the companies,
adding that she complained to Dudafa, who promised to effect the
necessary changes.
He said Dipo Oshodi also promised to effect the necessary changes.
Somiari averred that Jonathan is not a
director, shareholder or participant in these companies and the funds in
the said accounts were solely owned and operated by her.
He said, “Dudafa does not own any part of the funds in the said accounts.”
According to the deponent, the Skye Bank
official, (Oshodi), did not effect the instructions of the plaintiff to
change the name of the said accounts to her name, in spite of repeated
request.
He stated that notwithstanding the
refusal of the bank to effect the necessary changes, she had been using
the said ATM cards without any interference.
The deponent averred that sometime in
July, Jonathan discovered that the ATM cards were not functioning, and
immediately contacted the bank, who informed her that a “No
debit/freezing order” had been placed on the accounts.
“On further enquiry, the bank informed
her that the accounts were frozen on the directive of EFCC as a result
of ongoing investigation in relation to Dudafa.”
Jonathan, therefore, contended that she
was never arrested or invited by the EFCC prior to the freezing order
placed on the accounts.
She further contends that the freezing
order on her funds on the directive of EFCC without an order of the
court is unlawful and illegal.
Consequently, Jonathan is seeking an
order of court, directing the unfreezing of her account forthwith and
also wants an order restraining the EFCC from taking further steps in
relation to the said account pending the determination of the suit.
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