Ladipo Sanusi
Efforts by former First Lady, Dame Patience Jonathan, to reverse the forfeiture of $5.7 million and N2,421,953,522.78, traced to her by the Economic and Financial Crimes Commission, to the Nigerian Government, suffered a temporary setback, on Wednesday, following the withdrawal of a member of the Appeal Court panel of judges presiding over the matter.
The judge that withdrew from the case was said to have made the decision based on “personal reasons”.
Justice John Ikyeh, who led the three-member panel of judges presiding over Mrs. Jonathan’s appeal, announced at the resumed hearing of the matter that the panel could no longer constitute a quorum, because a member had withdrawn from it.
The two other members of the panel are, Justices Abimbola Obaseki-Adejumo and Abrahim Georgewill, Justice Ikyeh, however, did not say who among the two withdrew from the matter.
When the matter was called, the presiding judge simply said: “One of us is going to recuse himself from this case for personal reasons, so we are not complete. Two of us cannot make a quorum.”
Consequently, the Economic and Financial Crimes Commission (EFCC), through its lawyer, Mr. Rotimi Oyedepo, urged the court consider hearing the appeal as early as possible, preferably during vacation.
Justice Ikyeh, however, insisted that the appellate court could not proceed with the matter within forming a quorum and, therefore, declined the anti-graft commission’s request.
Justice Ikyeh said: “We can’t write anything because we are not complete. One of us is recusing himself from this appeal. Consequently, the suit is hereby adjourned till September 18, which is the first week after vacation.”
Mrs. Jonathan’s appeal followed an order of temporary forfeiture obtained by EFCC from a Federal High Court in Lagos, on April 26,
EFCC had told the court, presided over by Justice Mojisola Olatoregun, that the funds were reasonably suspected to be proceeds of unlawful activities.
The commission said the $5.7m was part of the $6,791,599.64 (about N2.1billion), which Mrs Jonathan allegedly directed her aides to pay into her account between February 8, 2013 and January 30, 2015, while her husband was president.
It said the former first lady had earlier spent $949, 282.98 (about N296,141,911) from the money and also withdrew another $100,000 from the account in April, leaving a balance of $5,731,173.55.
Justice Olatoregun also ordered the temporary forfeiture of the sum of N2,421,953,522.78 found in an Ecobank account, numbered: 2022000760, in the name of La Wari Furniture and Baths Limited, which the commission claimed also belongs to Mrs. Jonathan.
Justice Olatoregun, however, discontinued proceedings in the the EFCC’s application seeking permanent forfeiture of the money, pending the decision of the appellate court on the appeal filed by Mrs. Jonathan against the interim forfeiture order.
Mrs Jonathan, in the notice of appeal, is praying the appeal court to hold that the law cited by EFCC in its ex-parte application for the temporary forfeiture of the money was inapplicable.
0