In the ongoing final forfeiture case of $5.78 million and N2.4 billion linked to the ex-first lady of Nigeria, Patience Jonathan, A Federal High Court in Lagos on Tuesday adjourned until October 7, 2021.
According to Vanguard, the date was fixed by Justice T. G. Ringim after listening to arguments from the counsels of the parties in the matter.
In 2017, the Economic and Financial Crimes Commission (EFCC) had filed the application for final forfeiture before Justice Mojisola Olatoregun in the case in which the defendants were Mrs Jonathan, alongside LA Wari Funiture and Bathes.
According to EFCC, the funds belonged to the former first lady, adding that the monies were said to be stored by two banks.
On April 26, 2017, Justice Olatoregun, ordered the temporary forfeiture of the monies, following an ex-parte application by the EFCC.
An order which was affirmed by both the Court of Appeal and the Supreme Court.
Midway to the conclusion of the hearing of the final forfeiture of the sum in 2019, Justice Olatoregun retired from Bench.
However, the case was re-assigned to Justice Chuka Obiozor for hearing but Justice Obiozor could not hear the case before his transfer to the court division in Benin, installing the case till 2021.
On Tuesday, at the resumed hearing of the case, EFCC counsel, Rotimi Oyedepo, explained to Justice Ringim how far the matter had gone.
Counsel to Mrs. Jonathan, Ifedayo Adedipe(SAN) and Gboyega Oyewole(SAN), also informed the judge that the case was adjourned for mention because it was coming up for the first time before him
But counsel to the companies, Chief Mike Ozekhome(SAN), argued otherwise by urging the court to adjourn the case on the premise that it was starting afresh and that he intended to file an application challenging the constitutionality of the entire proceedings.
On his part, Oyedepo opposed the application, praying the court not to grant it, saying there is a procedure enshrined in Section 17 of the Advanced Fee Fraud and other related offences Act, which the EFCC had complied with except the last step which is a motion for final forfeiture
In a bench ruling, Justice Ringim held that a proceeding of this nature is a special one and cannot be truncated by any application.
He said: “I say, in my humble opinion, that there is a procedure to follow in this type of application which cannot be truncated.
“The court cannot adjourn the matter because of an application which is yet to be filed.
“However, due to the nature of the application as hinted by the second respondent, the court will not shut the application out.
“This court will adjourn for the hearing of the motion for final forfeiture that is pending.
“Consequently, the second respondent is hereby ordered to file the application if any within 14 days from today and the plaintiff will have one week to respond. It will be heard alongside the motion for final forfeiture.”
Justice Ringim adjourned the case for further proceedings till October 7 2021.
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