The
suit filed by former Nigerian first lady, Patience Jonathan against the
Economic and Financial Crimes Communication, is set to be heard as
Federal High Court Lagos announces date.
Patience Jonathan
A Federal High Court Lagos, on Wednesday fixed Feb. 13 to hear a
suit by ex-first lady, Patience Jonathan against the EFCC seeking to
unfreeze her account.
Also joined in the suit are; Skye Bank Plc, and a former Special Assistant to ex-President Jonathan, Waripama-Owei Dudafa.
Others include Pluto Property and Investment Company Ltd, Seagate
Property Development and Investment Company Ltd, Transocean Property and
Investment Company Ltd and Globus Integrarted Service Ltd.
The ex-first lady is demanding the sum of 200 million dollars from the commission as damages for infringing on her rights.
She also prayed the court to issue an order discharging the
freezing order, as well as restrain the EFCC and its agents from further
placing a freezing order on the said accounts.
At the resumed hearing of the case on Wednesday, Jonathan’s
lawyers, Chief Ifedayo Adedipe (SAN), sought for an adjournment to
enable him serve his client’s amended claims on the companies.
He added that other defendants had been served with copies of the
processes, while they have also served their counter-affidavits on the
plaintiff.
In the absence of any objection from the EFCC’s counsel, the matter was eventually adjourned to Feb. 13 for further hearing.
In an affidavit in support of Jonathan’s suit and deposed to by one
Sammie Somiari, he avers that on March 22, 2010, she (Jonathan) had
opened five different accounts with Skye Bank, with the aid of one
Damola Bolodeoku and Dipo Oshodi.
He averred that the account mandate forms were duly completed and signed by her.
Somiari stated that Jonathan subsequently discovered that apart
from one of the accounts that bore her name, the other four accounts
were opened in the name of four companies which belonged to Dudafa.
He also averred that she observed that the ATM cards of the said
accounts were issued in the names of the companies, adding that she
complained to Dudafa, who promised to effect the necessary changes.
He said Dipo Oshodi also promised to effect the necessary changes.
According to Somiari, Jonathan is not a director, shareholder or
participant in these companies and the funds in the said accounts are
solely owned and operated by her.
“Dudafa does not own any part of the funds in the said accounts’’.
According to the deponent, the Skye Bank official, (Oshodi) did not
affect the instructions of the plaintiff to change the name of the said
accounts to her name, in spite of repeated request.
He averred that notwithstanding the refusal of the bank to effect
the necessary changes, she had been using the said ATM cards without any
interference.
The deponent averred that sometimes in July, Jonathan discovered
that the ATM cards were not functioning, and immediately contacted the
bank which informed her that a “No debit/freezing order’’ have been
placed on the accounts.
He also averred that on further enquiry, the bank informed her that
the accounts were frozen on the directive of EFCC as a result of
ongoing investigation in relation to Dudafa.
Jonathan, therefore, contends that she was never arrested or invited by EFCC prior to the freezing order placed on the accounts.
She further contends that the freezing order on her funds by the
directive of EFCC without an order of the court is unlawful and illegal.
Consequently, Jonathan is also seeking an order of court, directing
the unfreezing of her account forthwith. She also wants an order
restraining the EFCC from taking further steps in relation to the said
accounts pending the determination of the suit.
-NAN
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