Trial judge, Justice Cecilia Mojisola Olatoregun, had on April 19, 2018 granted order of interim forfeiture of the monies following an exparte application by the Economic and Financial Crimes Commission, EFCC, against Mrs. Jonathan, Esther Oba and some companies.
Companies joined in the suit are Globus Integrated Service Limited, Finchley Top Homes Limited, AM-PM Global Network Limited, Pagmat Oil and Gas Limited, and Magel Resort Limited.
The monies were alleged to be warehoused in some banks, which include: Skye Bank Plc, Diamond Bank Plc, and Stabic-IBTC and First Bank Plc.,
After granting the order, Justice Olatoregun ordered EFCC to publish the order of interim forfeiture in a national newspaper, so that whosoever has interest in the money should approach the court within 14 days, to show cause why the monies will not be permanently forfeited to the Federal Government.
At the resumed hearing in the matter, yesterday, Esther Oba, who was alleged to be instrumental to lodging the monies into the designated bank accounts, allegedly linked to Patience. Jonathan, in a motion on notice by her lawyer, Ige Asemudara, asked the court to set aside the interim order forfeiture of the money.
She also urged the court to strike down the entire provisions of Section 17 of the Advance Fee Fraud and Other related offences Act 2006, for being inconsistent with Section 1, 36 (5), and 44 of the 1999 Constitution of Federal Republic of Nigeria (as amended).
In praying the court for the aforementioned orders, Oba, stated that the order was obtained by the EFCC by concealing material facts or misrepresenting facts, and that the order made by the court without requisite jurisdiction and in breach of fair hearing provision of the constitution, the Evidence Act, and other statues.
Oba, is further contending that there was no reasonable cause of action against her, and that the exparte motion was brought in bad faith, adding that the suit constitutes an abuse of court process.
However, counsel to defendants, namely; Ifedayo Adedipe and Mike Ozekhome both Senior Advocates of Nigeria, SANs, told the court that they were still filing their processes against the interim order of forfeiture.
While on his part, EFCC lawyer, Rotimi Oyedepo, told the court that he was just served with Oba’s motion and that he will need time to respond.
After hearing from counsel to parties, Justice Mojisola Olatoregun, admonished them to file all applications and front-loads all documents they needed and serve same on the parties before the next adjournment.
She consequently adjourned the matter till June 18, for hearing of preliminary objections and motion to discharge the interim order of forfeiture.
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