Justice Nnamdi Dimgba of the Federal High Court Abuja Division on Monday ordered an interim forfeiture of two choice properties linked to former first lady, Dame Patience Jonathan to Federal Government for 45 days.
The properties situated at Plot No. 1960, Cadastral Zone A05, Maitama District, and Plot No. 1350, Cadastral Zone A00, are both in Abuja. They are registered in the name of Ariwabai Aruera Reachout Foundation, which has linked to the former first lady.
Justice Dimgba gave the order while ruling on an exparte application filed by the Economic and Financial Crimes Commission (EFCC).
He ruled: “Having dismissed the motion challenging the ex parte originating summons, I have gone ahead to carefully consider the application along with all the materials placed before the court to support the request for same, which materials have already been listed at the commencement of this ruling.
“In so far as the essence of this application is to preserve an asset pending the completion of an investigation, I am convinced that those materials placed before me, justify a favourable exercise of the court’s discretion to grant the relief sought in the application.
“I hereby accordingly grant relief 1 and relief 2 sought.
“Relief 3 is refused because it is not supported by the grounds of the application and thus unnecessary in the circumstances of the application.
“The order of court granting the relief shall last only for a period of 45 days within which the applicant must conclude their investigation and file necessary criminal charges where investigation reveals the commission of a crime.
“The applicant is at liberty to apply for a renewal of the order on cause, provided that such an application to be valid is made before the expiry of the 45 days validity period granted by the court.
“Given the highly contentious nature of this application, I further order that where the applicant wishes to physically access the attached properties in execution of the order herein made, the applicant with the representatives of the respondent, shall take an inventory of all the contents and fixtures of the properties and shall file a report/result of such inventory to this court.”
Meanwhile, counsel to Patience Jonathan Chief Mike Ozekhome (SAN), has reacted to the judgement. “We did not lose,we won. What the EFCC wanted was for the property in dispute attached and forfeited to the government but the court refused and instead gave them 45 days to further investigate and prosecute if they so wish with liberty to apply for renewal.
“That is actually victory for us as the property was not forfeiture”.
The EFCC had filed an ex parte motion seeking temporary forfeiture of some properties allegedly belonging to Ariwabai Aruera Reachout Foundation which has a link with the former first lady; situated on Plot No. 1758, Cadastral Zone, B06 Mabushi and Plot No.1350, Cadastral Zone, A00 Central Business District, Abuja.
In the application, the complainant/applicant had prayed for “an order of interim attachment/forfeiture of the assets and property set out in the schedule attached” to the suit.
“An order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the property/asset described in the attached herein.
“An order authorising the EFCC to appoint competent person(s)/firm to manage the asset/property listed in the schedule herein, temporarily forfeited to the federal government pending the conclusion of investigation.
The EFCC also said the application was predicated on the fact that the property is subject matter of investigation, enquiry and examination.
In her motion that had sought to stop intervene with the exparte motion, Patience had through Ozekhome (SAN) filed an application seeking to be heard on the ground that the federal government had demolished part of one of the property they sought to seize.
He also complained that the process filed in court for forfeiture order was an abuse of processes as according to him the EFCC had filed similar suit in same court on same properties.
The judge also dismissed the motion challenging the originating summons.
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