$5.7m Forfeiture: Appeal Court judge withdraws from Patience Jonathan’s case

One of the three-man panel at the appellate court, Lagos division, sitting over a suit brought by wife of former President Goodluck Jonathan, Patience, seeking to stop the forfeiture of her $5.7million and N2billion to the federal government on Wednesday said was recusing himself from hearing the appeal.

The appellate court justice said he was recusing himself from hearing the appeal “for personal reasons.”

Justice John Ikyeh, who presided over the appeal alongside Justices Abimbola Obaseki-Adejumo and Abrahim Georgewill, noted that three judges were required to form a quorum.

But he did not say which of the justices were withdrawing.
Justice Ikyeh said: “One of us is going to recuse himself from this case for personal reasons, so we are not complete. Two of us cannot make a quorum.”

The Economic and Financial Crimes Commission (EFCC) counsel Rotimi Oyedepo urged the court consider hearing the appeal as early as possible, preferably during vacation.

Oyedepo said: “If we can be accommodated during vacation. Our challenge is that the trial court has stayed proceedings over the subject matter of this suit.”

But the court observed that because it had not formed a quorum, it could not grant his request.

Justice Ikyeh said: “We can’t write anything because we are not complete. One of us is recusing from this appeal. The suit is hereby adjourned till September 18, first week after vacation.”

Mrs. Patience’s appeal arose from an order obtained by the EFCC last April 26, from the Federal High Court in Lagos, temporarily forfeiting the cash to the government.

The commission told Justice Mojisola Olatoregun, who made the order, that the funds were suspected to be proceeds of unlawful activities. It said the N5.7m was part of the $6,791,599.64 (about N2.1billion) which Mrs. Jonathan allegedly directed her aides to pay into her account between February 8, 2013 and January 30, 2015, while her husband was President.

Mrs. Jonathan, the commission said, had earlier spent $949, 282.98 (about N296, 141,911) from the money. It said she also withdrew another $100,000 from the account in April, leaving a balance of $5,731,173.55. Justice Olatoregun also ordered the temporary forfeiture of the 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. Last May 22, Justice Olatoregun suspended proceedings in the hearing of the EFCC’s application seeking permanent forfeiture of the cash pending the appellate court’s decision on the interim order.

She granted the applications of Mrs Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN) and that of Counsel for La Wari Furniture and Baths, Chief Mike Ozekhome (SAN) for a stay.

Adedipe said he had filed an application for stay of proceedings pending the appeal’s determination.

Ozekhome added that once an appeal had been entered, the lower court ought to stay proceedings.

Besides, he said, the Court of Appeal had already fixed yesterday to hear the case. 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 temporary forfeiture was inapplicable.