Admin l Wednesday, September 20, 2017
IKOYI, Lagos, Nigeria – Justice Mojisola Olatoregun of the Federal High Court, Ikoyi, Lagos has fixed November 23, 2017 for continuation of trial in the case filed by the Economic and Financial Crimes Commission, EFCC, seeking permanent forfeiture to the Federal Government the $5.9 million belonging to former first lady, Patience Jonathan.
The judge had fixed today, Wednesday for trial but absence of Justice Mojisola Olatoregun stalled the trial. No judge of the court’s Lagos Division sat. They were said to be in Abuja for a valedictory for former Chief Judge, Justice Ibrahim Auta.The court on May 22 suspended proceedings in the case.
Justice Olatoregun stayed proceedings pending the outcome of an appeal challenging the money’s temporary forfeiture.
The Economic and Financial Crimes Commission (EFCC) through its counsel Rotimi Oyedepo is praying the court to order that the cash be permanent forfeiture to the Federal Government. The judge, on April 26, made an interim order forfeiting the money based on an application by EFCC.
Justice Olatoregun had also ordered the temporary forfeiture N2,421,953,522.78 found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.
The commission said the money also belongs to Mrs Jonathan. Mrs Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), said he filed an application for stay of proceedings pending the appeal’s determination.
Counsel for La Wari Furniture and Baths, Chief Mike Ozekhome (SAN), added that once an appeal had been entered, the lower court ought to stay proceedings.
Citing several judicial authorities and Court of Appeal Rules, Ozekhome said it would amount to disrespect for court hierarchy for the judge to proceed with the case where there was a pending appeal.
Justice Olatoregun held that it would be in the interest of justice to await the Court of Appeal’s decision.
“I have seen the hearing notice issued by the Court of Appeal. I believe it will be in the interest of justice for parties to vent their views at the Court of Appeal.I will, therefore, adjourn this case until 20th of September.”
Mrs Jonathan, in the notice of appeal, is praying the court to hold that the law cited by the EFCC in its ex-parte application for the temporarily forfeiture was inapplicable.
