A Federal High Court in Lagos on Thursday issued an order unfreezing the Skye Bank account of a former First Lady, Patience Jonathan.
The Economic and Financial Crimes Commission (EFCC) had in November 2016, filed an application before the court, seeking an order freezing the account.
The commission had contended that the funds were reasonably suspected to be proceeds of crime.
The account is said to harbour the sum of 5.8 million dollars.
At the resumed hearing of the case, the court issued an order unfreezing the account following an application filed and argued before the court by her lawyer, Ifedayo Adedipe (SAN), who led a team of lawyers.
Adedipe had demanded that the court to unfreeze Jonathan’s account on the grounds that she was not a party in the suit leading to the freezing order.
Citing judicial authorities, Adedipe contended that the suit was an abuse of court process as the court had no Jurisdiction to make an order against one who is not a party in a suit filed before the court.
In her ruling, Justice Mojisola Olatoregun, upheld the submissions of Adedipe and consequently, discharged the order freezing the account.
Also affected by the said order are five companies and one Esther Oba said to be having a total sum of N7.4 billion in six different banks.
In a supporting affidavit sworn to by Abdulahi Tukur, an investigating officer of EFCC, he had averred that there was an urgent need for the court to direct a forfeiture of the sum.
He also averred that it was to prevent a dissipation of the funds sought to be forfeited.
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Other companies affected by the order are Finchley Top Homes Ltd, Aribawa Aruera, Magel resort Ltd, AM -PM Global Network Ltd, Pansy Oil and Gas Ltd, and Pagmat oil and Gas Ltd.
Finchely Top Homes Ltd was said to have a current account credit balance of about N226 million and a fixed deposit with a balance of N1 billion.
While issuing the interim order, the court had ordered the EFCC to file an undertaking as to damages if the order is found not to have been made.
The order of the court was sequel to a further and better affidavit in support of Ex-parte originating summons sworn to by Abdullahi Tukur, an investigating officer of EFCC and filed before the court by EFCC prosecutor Rotimi Oyedepo Iseoluwa.
As part of investigations into the alleged diversion, the anti-graft agency also launched an investigation on a former Special Adviser to ex-President Jonathan on Domestic Affairs, Waripamowei Dudafa, leading to the agency’s freezing of four companies’ accounts in Skye Bank with a balance of $15,591,700.
However, the former First Lady, through her solicitor, First Law Associates, later gave the Economic and Financial Crimes Commission, EFCC, 14 days with effect from September 18 to unfreeze her accounts and tender a public apology to her, maintaining that, “our Client is a law-abiding citizen who has never or at all been the subject of any criminal and/or financial investigation, whether at home or abroad”.
“Accordingly, she has not been found guilty of any criminal conduct throughout a sparkling public service career spanning over 35 years”.
