Segun Akanni, Toronto, Canada Federal High Court in Lagos yesterday de-freezed a bank account belonging to wife of former President Goodluck Jonathan, Patience, with over $5,842,316.66 (about N1.7 billion) lodged in it.
Justice Mojisola Olatoregun-Ishola froze the account last year with that of five companies and Esther Oba’s.
The companies’ accounts were said to have balances amounting to N7.4 billion; Oba’s was said to have $429,381.87 (about N131,712,634.09).
Justice Olatoregun-Ishola de-freezed the account following an application filed and argued by Mrs. Jonathan’s lawyer, Mr. Adedayo Adedipe (SAN).
The lawyer urged the court to de-freeze the account on the grounds that his client was not a party to the suit.
Citing judicial authorities, Adedipe contended that the suit was an abuse of court process, as the court had no jurisdiction to make an order against a person that was not a party to a suit before it.
EFCC, it was learnt, did not file any response to the application to discharge the order.
Ruling, Justice Olatoregun-Ishola upheld Adedipe’s submission and the order freezing the account.
She made an order directing EFCC and Skye Bank Plc to de-freeze the account because all claims in the plaintiff’s affidavit were not challenged or controverted.
The judge said although EFCC was served with the application to defreeze the account, it filed no response to counter it.
“It is trite in law that an order cannot be made against any person who is not a party before the court. It was not controverted that Dame Patience Jonathan is not a party in the order obtained in this court.
“I hereby make an order unfreezing the Skye Bank account belonging to Dame Patience Jonathan forthwith,” the judge said.
Mrs. Jonathan yesterday also prayed Justice Mohammed Idris of the same court to order the EFCC to release her other accounts to enable her access her $15.591million in them.
Four companies last September 15 pleaded guilty to laundering the money when they were arraigned before Justice Babs Kuewumi of the same court.
Skye Bank, where the money is, Jonathan’s former aide Waripamo-Owei Dudafa and three companies are the other respondents.
Arguing the application yesterday, Adedipe said the EFCC did not comply with the law in freezing the accounts.
He said the commission placed a no-debit order on the accounts before obtaining a court order, adding that EFCC ought to have obtained an order before freezing the account.
The SAN prayed the court to determine whether EFCC, under the law establishing it, can place a no-debit order on an account without a court order.
Adedipe said Mrs. Jonathan was denied access to her money for no just cause, adding that there was no law that says a citizen cannot own money.
“Suspicion is no crime. You cannot punish someone on the basis of suspicion. They said the money is a proceed of crime – which crime? From July last year till now, they are still investigating,” Adedipe said.
He urged the court to defreeze the account on the basis that it was frozen illegally.
Counsel for the companies, Chief Mike Ozekhome (SAN), said EFCC “terrorised” the companies’ directors into pleading guilty to the charge before Justice Kuewumi.
“We’re going to file a motion to set aside their conviction. What EFCC does is to engage in fencing, a voyage of discovery like Mungo Park. They will never give the whole picture.
“EFCC used fake directors of the companies to plead guilty to money laundering. The companies did not carry out any profitable business, so the money belongs to Patience Jonathan.
“She does not even need to make an explanation to EFCC as to how she came about the money. We urge the court to dismiss EFCC’s claims with ignominy and flog them with judicial koboko,” Ozekhome said.
Dudafa’s lawyer Gbenga Oyewole said the funds were gifts and inheritance belonging to Mrs. Jonathan.
He said the former First Lady instructed his client to secure the money in corporate accounts, adding that “the funds were held in trust for her by the companies”.
The lawyer said EFCC was only trying to “bamboozle” everybody, adding that money cannot be forfeited when the owner has not been convicted.
“We urge the court to allow Mrs. Jonathan to access her accounts,” he said.
But, EFCC’s lawyer Rotimi Oyedepo said Mrs. Jonathan lacked the locus to claim the funds in the accounts.
He said the accounts were not opened in Mrs. Jonathan’s name or that of Dudafa, adding that the companies pleaded guilty to laundering the money.
“To the effect that the companies retained proceeds of crime, the applicant cannot claim the funds. The plaintiff (Mrs. Jonathan) has not shown sufficient evidence as to how she generated the funds,” the lawyer said.
Besides, Oyedepo said even if a citizen had a right to own funds, an individual does not have the right to accept cash payments of over N5 million in line with sections 1 (a) and 16 (d) of the Money Laundering Act.
“The plaintiff can legitimately be charged for money laundering, even if your lordship finds that the money belongs to her,” he said.
Oyedepo added that EFCC is empowered by law to freeze any account if it reasonably suspects that the funds were derived from unlawful activity.
Justice Idris adjourned until May 8 for ruling.
