Patience Johnathan – To Forfeit or Not To Forfeit $15.8 Million Dollars

On April 20th 2018, following a motion exparte, the Economic and Financial Crimes Commission EFCC secured an interim order for forfeiture the sums of $8.4 million and $7.4 million before a court presided over by Justice Olatoregun.

However, at the hearing of the case on February 28, Justice Mojisola Olatoregun ruled that because of the conflicting affidavit evidence brought before his court on the motion for final forfeiture, there was the need for all respective parties to give oral evidence, in the ruling, the judge had first dismissed an application by counsel to the respondents, seeking to set aside the interim forfeiture orders made on April 20, 2018.

READ ALSO: Federal Government Bans Boeing 737 Max From Nigeria’s Airspace

The court had held that it was satisfied that the requirement for the grant of the interim orders was met by the EFCC, adding that it was clear that at the time the interim order was made, there was no pending suit elsewhere.

Meanwhile, on the motion for final forfeiture, the court held that it finds the affidavit evidences conflicting, adding that same can only be resolved, if the parties concerned were called upon to give oral evidences.

The court had then held:

“I have examined the issues raised on both sides and I came to the conclusion after exhaustively going through the affidavits filed by parties, and i found the affidavits conflicting on material facts.

“I believe in the circumstance that the court cannot rely on its own opinion alone; the conflict must only be determined or resolved by the evidences of parties themselves, particularly as it relates to the source of the funds.

“I believe parties should be heard and cross examined on this issue.

“Parties are accordingly called upon to give oral testimonies in support of the case presented, ” the court had held.

The court had held :

“The applicant relied on two grounds (1) That the court has the statutory power under section 17, to grant the reliefs sought and (2) That the monies are suspected to be proceeds of an unlawful activity or unlawful activities, diverted from the Federal Government of Nigeria,”

The case was once again brought before a Federal High Court in Lagos on Wednesday (yesterday) but could not hold as earlier scheduled and was consequently adjourned till March 13. However; April 12 has been fixed as date to hear the oral evidence in the suit by the Economic and Financial Crimes Commission (EFCC), seeking final forfeiture of about $8.4 million, and N7.4 billion linked to former First Lady, Patience Jonathan.

Those joined as respondents in this case incudes
Patience Jonathan,
Globus Integrated Services Ltd,
Finchley Top Homes Ltd.,
Am-Pm Global Network Ltd,
Pagmat Oil and Gas Ltd,
Magel Resort Ltd
Esther Oba.