The Federal High Court in Lagos yesterday ordered the temporary forfeiture of $5,842,316.66 belonging to former President Goodluck Jonathan’s wife, Patience.
Justice Mojisola Olatoregun made the order based on an ex-parte application by the Economic and Financial Crimes Commission (EFCC).
The commission said it found the money in an account numbered 2110001712 with Skye Bank Plc in Mrs. Jonathan’s name.
The judge also ordered the forfeiture of N2,421,953,522.78 found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.
EFCC said the funds were “reasonably suspected to be proceeds of unlawful activities”.
Justice Olatoregun directed the EFCC to publish the interim order in a national newspaper.
It is for the respondents or anyone interested in the funds to be forfeited to appear before the court within 14 days to “show cause” as to why a final order of forfeiture should not be made in favour of the Federal Government.
EFCC’s counsel Rotimi Oyedepo said the application was based on Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.
In an affidavit in support of the ex parte originating summons, an EFCC operative, Musbahu Yahaya Abubakar, said he was a member of a Special Task Force Team assigned to investigate the case.
He said the commission received an intelligence report that funds suspected to be proceeds of crime were “warehoused” in the accounts.
“The intelligence was analysed and found worthy of investigation,” Abubakar said.
He said Mrs. Jonathan opened the Skye Bank account on February 7, 2013.
“Upon the opening of the account, several huge cash deposits in dollars were made to the account.
“One Dudafa Waripamo Owei, who was the Senior Special Assistant to the former President was one of the frequent depositors in the account.
“Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.
The EFCC investigator said Iyoha also made deposits with fictitious names.
Abubakar said between February 8, 2013 and January 30, 2015, $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.
He said Mrs. Jonathan had dissipated part of the funds, leaving a balance of $5,731,173.55.
“If this fund is not forfeited in the interim, the operator of the account, Mrs. Dame Patience Jonathan, will fully dissipate it.
“She made cash withdrawal of $100,000 on April 7, 2017 from the account after obtaining court order in suit No FHC/L/CS/1343/16 on the ground that she was not made a party to the suit,” the investigator said.
On the N2.4 billion, the operative said the commission also traced the money to the Ecobank account following suspicions that it was a proceed of crime.
He said the “purported” signatory to the account was Ada Ifegbu, with a telephone number belonging to Esther Oba.
The EFCC operative said the N2.4 billion “was substantially the naira equivalent of the United States dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa”.
He said it was John, who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths Ltd’s account.
Abubakar said the dollars, which were subsequently converted to naira and deposited in the firm’s account were all received in cash by John.
The operative added: “The various deposits by Chima Nwafor John through the bureau de change operators were placed on fixed deposit.
“The sum of N2,033,196,721.31 reasonably suspected to be proceeds of unlawful activities is currently on fixed deposit in La Wari Furniture’s account.
“Apart from the fixed amount, the sum of N388,751,801.47 reasonably suspected to be proceed of unlawful activities is currently standing to the credit of La Wari Furniture and Baths Ltd’s account.
“It is in the interest of justice to, in the interim, make an order of forfeiture to the Federal Government of Nigeria and allow any person who has interest in the properties sought to be forfeited to appear before this honourable court within 14 days to show cause why the properties reasonably suspected by the applicant to be proceeds of unlawful activities should not be forfeited to the Federal Government of Nigeria.
“It is in the interest of justice to grant this application.”
Ruling, Justice Olatoregun said: “Application is granted as prayed.”
This is coming a day after EFCC withdrew its application for a stay of execution of a judgment which freed the account.
The EFCC frozen the account last year.
Justice Olatoregun on April 6 freed the account after Mrs. Jonathan’s lawyer, Ifedayo Adedipe (SAN), had argued that her client was not a party to suit.
Dissatisfied with the order, EFCC filed an application for stay of execution but withdrew it on Monday.
Justice Olatoregun adjourned until May 15. Click to signup for FREE news updates, latest information and hottest gists everyday
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