Court hears evidence on final forfeiture suit against Patience Jonathan April 12

A Federal High Court Lagos, Wednesday, fixed April 12, to hear
oral evidence in a suit by the Economic and Financial Crimes
Commission (EFCC), seeking final forfeiture of about 8.4 million
dollars, and N7.4 billion linked to former first Lady, Patience
Jonathan.

Justice Mojisola Olatoregun had in a ruling delivered on Feb.28,
on the motion for final forfeiture, held that there were
conflicting affidavit evidences, which could be best resolved if
respective parties were called upon to give oral evidence.

The case was consequently, adjourned until March 13 (today) for
oral evidences.

On Wednesday, the case could not proceed as earlier scheduled ,
while April 12 has been fixed as return date

The News Agency of Nigeria (NAN) reports that the EFCC had
secured an interim order for forfeiture of the sums on April 20,
2018, before Olatoregun, following a motion exparte.

It joined as respondents: Patience Jonathan, Globus Integrated
Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd,
Pagmat Oil and Gas Ltd and Magel Resort Ltd and Esther Oba.

NAN reports that on Oct. 29, 2018, EFCC counsel, Mr Rotimi
Oyedepo, had moved his motion for final forfeiture of the sums,
urging that same be finally forfeited to the Federal
Government.

Meanwhile, defence counsel, Messrs Ifedayo Adedipe (SAN), Chief
Mike Ozekhome (SAN), and Mr Ige Asemudara had respectively moved
their processes in opposition to the motion for final
forfeiture.

On Jan. 15, the court had admitted electronic evidences
presented by respondent counsel, which depicted video exhibits
showing various business outfits of the third and sixth
respondents

The court had then adjourned for judgment.

In a ruling on Feb.28, the judge had first dismissed an
application by counsel to the respondents, seeking to set aside the
interim forfeiture orders made on April 20, 2018.

The court had held that it was satisfied that the requirement
for the grant of the interim orders was met by the EFCC, adding
that it was clear that at the time the interim order was made,
there was no pending suit elsewhere.

Meanwhile, giving its ratio on the motion for final forfeiture,
the court held that it finds the affidavit evidences conflicting,
adding that same can only be resolved, if the parties concerned
were called upon to give oral evidences.

The court had held :

“The applicant relied on two grounds (1) That the court has the
statutory power under section 17, to grant the reliefs sought and
(2) That the monies are suspected to be proceeds of an unlawful
activity or unlawful activities, diverted from the Federal
Government of Nigeria,”

The court had asked if having regards to the provisions of
sections 17 of the Advance Fee Fraud and Other Fraud Related
Offences Act, as well as the available facts before the court, the
applicant has made out a case for final forfeiture of the sums.

The judge noted the various processes filed by parties to the
suit which includes, affidavits, counter affidavits, further
affidavits, reply affidavits written addresses, as well as exhibits
.

The court had then held :

“I have examined the issues raised on both sides and i came to
the conclusion after exhaustively going through the affidavits
filed by parties, and i found the affidavits conflicting on
material facts.

“I believe in the circumstance, that the court cannot rely on
its own opinion alone; the conflict must only be determined or
resolved by the evidences of parties themselves, particularly as it
relates to the source of the funds.

“I believe parties should be heard and cross examined on this
issue.

“Parties are accordingly called upon to give oral testimonies in
support of the case presented, ” The court had held.