Appeal Court Sets Aside Conviction of Companies Allegedly Linked to Patience Jonathan

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The Lagos Division of the Court of Appeal yesterday set aside
the conviction of four companies allegedly connected with the
former first lady, Patience Jonathan.

A three man panel of the appellate court presided over by
Justice C. N. Uwa in a unanimous decision nullified the judgment of
a Federal High Court in Lagos on the grounds that the judgment
breached the principle of fair hearing.

Justice Babs Kuewumi of a Federal High Court in Lagos had in
2016 found the companies guilty as charged, but declined to
pronounce sentence pending the conclusion of other persons in the
matter.

The affected companies include; Transocean Property & Investment
Company Ltd, Seagate Property Development & Investment Ltd, Pluto
Property & Investment Company Ltd and Avalon Global Property
Development Company.

Kuewumi had convicted the companies based on admittance of
guilty by some purported directors of the companies.

However the defendants not satisfied with the decision of the
trial court had approached the appellate court to declare it null
and void and consequently set it aside.

Delivering judgment via Zoom on Friday, the Court of Appeal held
that the convictions of the four companies amounted to a nullity
having being done in gross disregard of statutory and
constitutional provisions.

Counsel to the appellants, Ige Asemudara, had contended that the
circumstances of the conviction of the companies being a nullity,
is one in which the court could set aside its own decision, and
accordingly urged the Court of Appeal to allow the appeal and set
aside the conviction.

In its judgment, the court of Appeal agreed and set aside the
conviction of the four companies especially in view of the fact
that the validity of the plea of guilt which was challenged by the
appellant was still yet to be determined before the convictions
were made.

According to the appellate court, the convictions of the four
companies breached the principle of fair hearing as provided in the
Constitution.

The Economic and Financial Crimes Commission (EFCC) had
arraigned the four companies alongside a former Special Assistant
to President Jonathan, Waripamo Dudafa; and others on a 15 count
charge bordering on alleged laundering money.

The commission however reviewed the fact of the charge, paving
way for the admittance of guilty by some purported directors of the
companies.

The commission through its lawyer, Rotimi Oyedepo had urged the
court to declare the defendants guilty of fraud following
admittance of guilty by some purported directors of the
companies.

Oyedepo had informed the court that the said money were proceeds
of crime, adding that they were paid into the four companies’
accounts by one Festus Iyoha, who was a domestic servant at the
State House, Abuja.

Oyedepo after reviewing the facts of the charge also tendered
the documents, such as the companies’ bank mandate forms, account
opening packages and the CAC Forms 2, which indicated that the
purported directors were major shareholders in the companies.

But the respondents through their lawyers urged the court to
allow their clients to go through the documents sought to be
tendered by the prosecutor.

The defence lawyers had stated that admitting of the documents,
will have negative impact on their clients.

Chief Ozekhome, SAN further challenged the convictions made
pursuant to the pleas but the Federal High Court refused to set it
aside.

Consequently, Justice Babs Kuewumi pronounced all the four
companies guilty as charged, but declined to pronounce sentence on
them, saying that would be determined at the conclusion of trial of
other accused persons in the matter.