Companies Link To Patience Jonathan Appeal Forfeiture Of N12.2b To FG
Four firms linked to former first lady, Mrs Patience Jonathan on Tuesday appealed against the judgment of the Federal High Court in Lagos, which ordered the permanent forfeiture of the sums of N9.2 bn and $ 8.4m seized from them and former first lady.
The companies: Finchley Top Homes Limited ; AM PM Global Network; Pagmat Oil and Gas Nigeria Limited and Magel Resort Limited in the appeal before the Lagos Division of the Court of Appeal argued that the trial judge, Justice Mojisola Olatoregun erred in law by forfeiting the funds when she had no jurisdiction to do so.
Joined as respondents in the appeal filed through their lawyer, Chief Mike Ozekhome (SAN ), are the Economic and Financial Crimes Commission (EFCC); Patience, Globus Integrated Services; and Esther Oba.
Justice Olatoregun while delivering judgment on an application filed before her by the EFCC held that former first lady failed to show reasonable cause why the funds should not be permanently forfeited
The judge found that the funds as claimed by the EFCC was reasonably suspected to be proceeds of crime pursuant to Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.
The court also held that it found no reason in the affidavit filed by Mrs Jonathan to show cause why the monies found in the various bank accounts namely Diamond Bank, Fidelity bank and First Bank should not be qualified as proceeds of an unlawful activities and same not to be forfeited to the federal government of Nigeria.
Justice Olatoregun stated that the respondents “failed to dispel the suspicion created by the movement of the monies within the meaning and contemplation of the Advance Fee Fraud and other related offences Act, coupled with the various extrajudicial statements of the Bureau De Change agents which were not controverted by the respondents.
“In all of this, taking into consideration the overwhelming evidence provided by the applicant, the mode, the circumstances and the manner involved, using fictitious names, etcetera, to lodge monies in her name by named and unnamed individuals and BDCs, I cannot come to a conclusion by any sense of responsibility that these monies are proceeds of lawful activities within the meaning and contemplation of the provisions of the Advance Fee Fraud and other related offences Act 2006; the Money Laundering Act 2004 and the Economic and Financial Crimes Commission Act 2004 and other laws enforceable under the EFCC Act 2004.
‘’Accordingly the same funds reasonably suspected to be proceed of an unlawful activities as defined in section 16 of Advance free fraud and related offences Act and the EFCC Establishment Act, 2004, are hereby forfeited to the federal government of Nigeria.’’