Patience Jonathan
In an official statement signed by Timipa Jenkins Okponipere (Esq),
a legal practitioner, former Nigerian first lady, Patience Jonathan,
described the Economic and Financial Crimes Commission (EFCC) as 'a big
thief' for freezing her accounts with Skye Bank containing more than
$15million in all.
Recall that throughout last week, Mrs. Jonathan was the subject of
an EFCC investigation regarding the source of the money, but she has
continued maintaining her innocence even though the four individuals
representing the companies linked with the alleged laundering have
reportedly pleaded guilty to the charge in court.
THE FULL STATEMENT
1. By virtue of the Fundamental Rights (Enforcement Procedure)
Rules 2009, we are Solicitors to HER EXCELLENCY, MRS. PATIENCE IBIFAKA
GOODLUCK JONATHAN, the wife to the immediate past President of the
Federal Republic of Nigeria, HIS EXCELLENCY, DR. GOODLUCK EBELE
JONATHAN, GCFR. We shall hereinafter, refer to Mrs. Patience Goodluck
Jonathan as “OUR CLIENT.”
2. Our Client is a respected senior citizen of international
repute, a retired Permanent Secretary and the immediate past First Lady
of the Federal Republic of Nigeria. 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.
3. During the 5 years our Client served as First Lady of the
Federal Republic of Nigeria between May, 2010 and May, 2015; she was the
Initiator/Founder of the A. ARUERA WOMEN FOUNDATION as well as the
WOMEN FOR CHANGE INITIATIVE; both of which Non-Governmental
Organisations (NGOs) substantially contributed to the 35 per cent
affirmative action for women in the country. Our Client is the recipient
of numerous local and international awards in recognition of her
untiring commitment towards uplifting the living standard of women,
children and the aged in Nigeria.
4. Sir, it is against this sterling and meritorious background of
our Client that we most respectfully, write to draw your attention to
the numerous breaches of the 1999 Constitution (as amended) and the
African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act 2004 committed by the Economic and Financial Crimes
Commission (EFCC) in cause of the Commission’s illegal and unlawful
investigation of our Client for alleged money laundering. These
investigations have reportedly led to the freeze of our Client’s
accounts and led to untold consequences to our Client’s health and
wellbeing.
5. Firstly, the EFCC must realize that the ECONOMIC AND FINANCIAL
CRIMES COMMISSION (ESTABLISHMENT) ACT 2004 is inferior in content and
quality to both the 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
(AS AMENDED) and THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS 2004.
6. To that extent, it is trite law that, where there is a conflict
or an inconsistency between the EFCC ACT, on the one hand; and the
combined provisions of the 1999 Constitution (as amended) and the
African Charter on Human and Peoples Rights 2004, on the other hand; the
extant provisions of the 1999 Constitution (as amended) and the African
Charter on Human and Peoples Rights 2004 must necessarily prevail to
the extent of the said inconsistency.
7. However, we note, with regret, that in the current matter
involving the curious and bizarre investigation of our esteemed Client,
the EFCC under your watch has not only undermined the 1999 Constitution
(as amended) and the African Charter on Human and Peoples Rights; the
Commission has actually conducted itself in a most desperate, despicable
and arrogant manner. This is rather unfortunate.
8. Sir, one of the cardinal principles enshrined in both Nigerian
and African jurisprudence, is that of the presumption of innocence which
is guaranteed to all citizens, including our Client.
9. Consequently, the SPECIAL POWERS of the Commission as defined by
SECTION 7(1) & (2) of the EFCC ACT 2004 to, among others, “cause
investigations to be conducted into the properties of any person if it
appears to the Commission that the person’s life style and extent of the
properties are not justified by his source of income,” is inconsistent
with and contrary to the mandatory requirement of SECTION 36(6)(a) &
(b) of the 1999 Constitution (as amended), which states thus:
“Every person who is charged with a criminal offence shall be
entitled to – (a) be informed promptly in the language that he
understands and in detail of the nature of the offence; (b) be given
adequate time and facilities for the preparation of his defence;”
10. The necessary implication or import of SECTION 36(6)(a) &
(b) of the 1999 Constitution (as amended) is that the EFCC’s so-called
power to arbitrarily and unlawfully investigate our esteemed Client and
thereby, freeze her accounts with total sum in excess of FIFTEEN MILLION
US DOLLARS which are domiciled with SKYE BANK PLC is NOT ABSOLUTE.
11. Sir, it is our Client’s brief that there is no formal criminal
complaint of economic and financial crime as defined by the EFCC ACT
2004 written by any person or institution against her which warranted
the EFCC to freeze her accounts.
12. It is also our Client’s brief that the EFCC failed to obtain a
Court Order as required by SECTION 34 of the EFCC ACT before her
accounts were frozen.
13. It is our Client’s further brief that, up until the writing of
this Open Letter, she has not received any formal invitation to appear
before the Commission for questioning; whereas her accounts domiciled
with SKYE BANK PLC have since been frozen by the Commission without
recourse to her.
14. Sir, the argument put forward by the Commission in the public
domain that, “investigations are ongoing…Mrs. Patience Jonathan shall be
invited in due course,” are not only vexatious and provocative. They
constitute an outright violation and rape of the fundamental right to
fair hearing and ownership of property as guaranteed to our Client by
the 1999 Constitution (as amended) and the African Charter on Human and
Peoples Rights 2004.
15. Indeed, SECTION 36(6)(a) & (b) of the 1999 Constitution (as
amended), contains or laid down a sequence or pattern of commencement
of investigation which MUST BE FOLLOWED STRICTLY, to wit:
a. Persons charged with a criminal offence must be informed in the
language they understand and in detail of the nature of the offence;
b. Such persons must be given adequate time and facilities for the preparation of their defence; etc
16. Sir, instead of strict compliance with the above pattern, as
laid down by SECTION 36(6)(a) & (b) of the 1999 Constitution (as
amended), the EFCC went after our Client’s money by ordering a freeze of
her accounts. With all due respect, the EFCC is a BIG THIEF!
17. We are very much aware of numerous instances where EFCC used
strong-arm tactics to dispossess hard working Nigerians of their
legitimately earned money; only to turn around to brazenly and
shamelessly loot the recovered loot. This is one of such unfortunate
instances. Clearly, it is a failed politically-motivated attempt by the
EFCC to steal our Client’s money using the cover of the present
political climate.
18. We are sufficiently convinced that prebendal politics of the
sort that smears the image and reputation of former public office
holders, together with that of members of their families – which
automatically, distracts from governance and slows down the nation’s
pace of development – is one of the major reasons for the persistent and
unrelenting politically-motivated attacks on our Client who is
extremely popular with Nigerian women, children and the aged.
19. We have rightly observed that each time a new Government was
sworn into office, political jobbers such as the EFCC promptly mobilized
themselves to throw mud, blackmail and/or otherwise label members of
the immediate past Government; all in a desperate bid to accomplish or
satisfy narrow and base political interests to the detriment of the
entire country. This disturbing familiar pattern of unjustifiable,
bankrupt and hollow harassment of the nation’s former leaders is
deplorable.
20. Our Client has unfortunately, come under the vice grip and
stranglehold of the cabal of political jobbers who would not allow her
concentrate on her private life in retirement. Ironically, our Client’s
most virulent critics and traducers come from the human rights community
in Nigeria which benefited immensely from her husband’s fairly
commendable human rights record, while he served as President.
21. Notably, we recall that the Freedom of Information Act 2015 was
signed into law by former President Goodluck Jonathan. The Criminal
Justice Administration Law 2015 was also signed into law by the former
President. Needless to say, these extant laws have strengthened
Nigeria’s civil society to act effectively as the nation’s “fourth arm
of government.”
22. For the avoidance of doubt, it shall be counter-productive and
inimical to the public interest if the Attorney General of the
Federation and/or the EFCC heeded the irresponsible calls to commence
the arrest and prosecution of our Client based on suspicion. If they did
otherwise, they shall be violating the extant provision of SECTION
174(3) of the 1999 Constitution (as amended) which clearly prohibits
criminal proceedings that were not in the public interest. Besides,
suspicion; no matter how strong it may seem; cannot ground a conviction.
23. We hereby categorically and emphatically state that, HER
EXCELLENCY, MRS. PATIENCE IBIFAKA GOODLUCK JONATHAN SHOULD BE LEFT
ALONE!
24. Furthermore, there is no established legal or political
precedent for what the EFCC is currently doing to our Client. How many
former First Ladies in Nigeria have received the Patience Goodluck
Jonathan Treatment (PGJT) to have warranted the EFCC to engage in the
effrontery to freeze our Client’s accounts and subject her to public
opprobrium, ridicule and disgrace? This nonsense must stop forthwith!
25. Consequently, we urge the EFCC to de-freeze our Client’s
accounts WITHIN 14 DAYS from today, September 18, 2016 and tender a
public apology to our Client.
26. TAKE NOTICE; AND NOTICE IS HEREBY GIVEN that if the EFCC fails,
refuses and/or neglects to comply accordingly, we shall file an action
at the AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS at The Gambia
demanding FIVE BILLION NAIRA in exemplary and punitive damages.
Yours faithfully,
For: FIRST LAW SOLICITORS (Legal Practitioners)
Signed:
TIMIPA JENKINS OKPONIPERE, ESQ.
Senior Partner
September 18, 2016.
No comments:
Post a Comment