Court fixed January 19 to commence trial in Patience Jonathan’s suit against EFCC
A Federal High Court, Ikoyi, Lagos on Monday fixed January 19, 2018 for commencement of trial in a suit filed by a former First Lady, Dame Patience Jonathan, seeking to vacate a no debit order placed on her account containing $15.5 million at Skye bank Plc by the Economic and Financial Crimes Commission (EFCC).
Other respondents in the suit apart from the EFCC and Skye Bank are: Waripamo-Owei Dudafa, an aide to former President Goodluck Jonathan and four companies.
The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Transocean Property and Investment Company Ltd and Globus Integrated Service Ltd.
Justice Mohammed Idris, had on May 8, ordered the refiling of the suit through writ rather than by originating summons.
When the matter came up yesterday, Justice Idris granted an application by the former first lady seeking an extension of time within which to reply to the EFCC’s statement of defence.
Justice Idris held that it will not be proper for the plaintiff to commence the suit by way of originating summons since issues surrounding the ownership of the money are largely contentious among parties.
The judge while noting that oral evidences will be needed to resolve the issue in contention ordered parties to file their pleadings in line with the Federal High Court rules 2009 for trial to commence in the matter.
His words: “The EFCC has argued that the matter was not properly commenced by originating summons on the premise that the facts were in total dispute and as such ought to come by writ.
“The plaintiff in her response argued that the affidavit evidence showed largely that there were no disputed facts of substance among the parties and that if the court is not sure of this, it should order pleadings so that a full trial can be embarked upon.
“It is now settled law that originating process is the ideal process to commence a suit where there is no dispute. The issue in contest is on the ownership of the fund in the account of the 4th, 5th and 6th defendants.
“In respect of this issue, the contention appears divided and facts are in substantial dispute. In the light of the above, it cannot be rightly contended that there are no disputed facts and substance as to the ownership of the
said fund.
“The issues of facts raised by the defendants are not spurious or irrelevant. The affidavit of the plaintiff is also not conjectural. In my view, the facts are contentious and oral evidence need to be led by the parties.
“In the light of the above facts, this case is generally not suitable for an originating summon procedure. In the circumstances, the court hereby orders that the parties herein file pleadings in accordance with the Federal High Court rules 2009 and trial shall then proceed accordingly”.
The former first lady has accused the anti-graft agency of placing a no debit order on her account containing $15.5 million at Skye bank Plc without a valid court’s order.
Mrs Jonathan, in the fundamental rights enforcement suit, is seeking an order to de-freeze the accounts where the money is domiciled, so that she can have access to it.
Peter Fowoyo
