Again, Patience Jonathan Loses As Supreme Court Affirms $8.4m Interim Forfeiture

BY EDMOND ODOK, ABUJA – Former first lady, Dame Patience Jonathan has again lost her appeal challenging the interim order allowing the Federal Government to seize about $8.4million traced to her by the Economic and Financial Crimes Commission (EFCC).

The Supreme Court on Friday declined to set-aside the temporary seizure order issued against her by a Federal High Court and confirmed by the Appeal court sitting in Lagos.

A five-member panel of the apex court led by Justice Dattijo Muhammad, in its unanimous decision, agreed with the Court of Appeal’s ruling in Lagos to okay the forfeiture order issued against the ex-President Goodluck Jonathan’s spouse on the ground that it was lacking in merit.

It further said there was no reason to interfere with concurrent findings of the lower courts, urging her to return to the High Court to show reason(s) the seized funds should not be permanently forfeited to Federal Government.

According to Justice Kumai Aka’ahs, who prepared the lead judgment of the Supreme Court delivered by another member of the panel, Justice Ejembi Eko, the apex court dismissed the appeal before it as being grossly unmeritorious.

It said; “The Appellant is to go back to the trial court to show cause why the interim order should not be made permanent.”

Also, the apex Court refused Dame Jonathan’s prayer for section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, which the trial court relied on to order FG to take possession of her seized funds, to be struck down.

The EFCC had, on the strength of an ex-parte application and affidavit evidence filed before the High Court in Lagos State, secured an order that allowed it to confiscate the sum of $8,435,788.84 and other funds in bank accounts it said were traced to Mrs Jonathan.

The anti-graft agency, in the application it filed pursuant to section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, alleged that the funds were suspected to be proceeds of crime and unlawful activities.

In her ruling on April 20, 2018, the trial judge, Justice Mojisola Olatoregun granted the ex parte order on the interim forfeiture and directed the EFCC to make a publication to enable Mrs Jonathan who was cited as a Respondent in the ex-parte application, or anyone interested in the funds, to within 14 days, show cause why the final order of forfeiture should not be made in favour of Federal Government.

Shortly after the order was executed by the EFCC, the former First Lady approached the Court of Appeal to challenge the legal competence of EFCC’s ex-parte application to temporarily take ownership of the funds that belongs to her.

Through processes filed by her lawyer Mr. Ifedayo Adedipe (SAN), Mrs Jonathan urged the court to quash section 17 of the AFFA, insisting that it negated principles of fair hearing and presumption of innocence of accused persons, guaranteed under section 35 and 36 of the 1999 Constitution, as amended.

The Court of Appeal in Lagos subsequently dismissed the appeal, prompting her to approach the Supreme Court seeking to set-aside the ruling which was again shot down on Friday.

Agreeing with the lead judgment dismissing Mrs Jonathan’s appeal were Justices Iyang Okoro and Sidi Bage sitting as other members of the Supreme Court panel.