Updated: Court orders final forfeiture of N9.2bn, $8.4m linked to Jonathan’s wife

Peter Fowoyo

A Federal High Court, Ikoyi, Lagos, on Monday, ordered the final forfeiture of N9.2 million and $8.4 million dollars belonging to Patience Jonathan, wife of former President Goodluck Jonathan.

Justice Mojisola Olatoregun made the order on Monday while delivering judgment in a suit brought by the Economic and Financial Crimes Commission (EFCC) seeking final forfeiture of the funds to the Federal Government.

Sued alongside Patience Jonathan are: Esther Oba, Globus Integrated Services Limited, Finchley Top Homes Limited, Am – Pm Global Network Limited, Pagmat Oil and Gas Limited and Magel Resort Limited.

The funds were said to be in the custody of Skye Bank Plc, Diamond Bank Plc, Stanbic IBTC Bank and First Bank Plc.

After granting the interim order, Justice Olatoregun directed parties to give oral evidences in the case, saying right of parties cannot be determined by affidavit evidence unless oral testimonies are called with cross-examination.

Upon the conclusion of oral evidences, parties adopted their written addresses while Monday was fixed for judgement.

In her judgement, Justice Olatoregun agreed with the anti-graft agency that the funds warehoused in accounts of the respondents’ companies were proceeds of unlawful activities.

The court also examined oral evidences presented by the applicant and respondents’ witnesses as well as their affidavits.

On this, the court held that the evidences given by the respondents’ witnesses failed to dispel EFCC’s suspicion that the funds were proceeds of crime.

Justice Olatoregun however dismissed claims by the EFCC that the former first lady had a pet programme known as ‘Women for Change’ which was used to receive and conceal proceeds of crime.

She said: “A lot of heavy weather has been made out of the money belonging to ‘Women for Change’ by both parties but no single account of the non-governmental organisation is before the court.

“From the affidavit evidence, it can be said that the suspicion raised by the EFCC has nothing to do with the corporate existence of the respondents’ companies. It relates to the funds found in the account of the companies.

“The oral testimonies of the three witnesses who gave evidences for the 3rd to 6th respondents could not explain the source of income of the companies.

“The third to sixth respondents failed to show cause why the money should not be forfeited to the Federal Government.”

Justice Olatoregun held that she has no doubt that the monies were proceeds of unlawful activities, adding there were no explanations as to why the funds were paid into the companies’ accounts.

“Taking into consideration the overwhelming evidences provided by the applicant, I cannot come to conclusion with any reasonable sense that the funds were not proceeds of unlawful activities.

“I am satisfied that the respective sums upon which the application for final forfeiture is sought are liable to be forfeited,” the judge added.

The judge ordered that the N9.2 billion should be paid into an account at the Central Bank of Nigeria (CBN) marked 002008996115 C24 while the $8.4 million should be paid into a Federal Government account designated for such purposes.

In her defence, Mrs. Jonathan through her counsel had informed the court that the monies the EFCC sought to be forfeited were proceeds of goodwill donations from Nigerians, which she enjoyed as the wife of a deputy governor, governor and President, and also proceeds of funds raised when she launched her Women 4 Change and Development Initiative in 2010.