Court declines request to unfreeze ex-first lady's accounts

dimeji akinloye

May 8, 2017 10:12 PM

The judge said all the counter-affidavits filed by the defendants contain disputed facts that could not be decided without oral evidence.

Patience Jonathan

A Federal High court in Lagos has declined a request by former first lady,

The accounts domiciled in Skye Bank Plc. have about $15.5 million in them.

Justice Mohammed Idris on Monday, May 8, held that all the defendants formulated different issues from those formulated by the plaintiff in the originating summons, saying it was unacceptable.

The judge had ordered parties involved to file pleadings since issues had been joined as to the ownership of the money.

Justice Idris said, "The issues formulated by all the defendants are baseless. They amount to no issue and will be ignored by the court.

"I hold that this court lacks the competence to determine the issues raised by the defendants in their written addresses, having abandoned the specific issues formulated by the plaintiff in the originating summons.

"It is unfortunate. I say this because the issues raised by the defendants appear on the face of it, are good and deserving to be considered on their merit.

"But as I understand it to be the law, sentiment has no basis in the adjudicatory system."

He further said the court cannot "re-formulate" the issues for determination in the case processes are not properly prepared.

Idris noted that any defect would render the proceeding fatal.

"In respect of this issue, the contention appears divided and there is clearly an air of friction in the proceedings," he said.

He said all the counter-affidavits filed by the defendants contain disputed facts that could not be decided without oral evidence.

"In the light of the above affidavit evidence, it cannot in my view be rightly contended that there are no disputed facts or substance as to the ownership of the said funds and the law.

"The issues of fact raised by the defendants herein are not spurious or irrelevant. The affidavit of the plaintiff is also not conjectural.

"In my view, the facts are contentious and oral evidence needs to be led by the parties herein.

"In the light of the above facts, this case is generally not suitable for an originating summons procedure.

"In the circumstances, the court hereby orders that the parties herein file pleadings in accordance with the federal high court civil procedure rules 2009.

"Trial shall then proceed accordingly. This is the order of the court," Justice Idris declared.

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She joined as respondents: EFCC, Skye Bank Plc, Goodluck Jonathan's former aide Waripamo-Owei Dudafa, Pluto Property and Investment Company Ltd., and Seagate Property Development and Investment Company Ltd.

Also joined are Trans Ocean Property and Investment Company Ltd. and Avalon Global Property Development Ltd. are the respondents.

On September 15, 2016, the companies, had through their representatives, pleaded guilty before Justice Babs Kuweumi to laundering the money.

They were charged along with Dudafa, Amajuoyi Briggs and a banker, Adedamola Bolodeoku, for laundering the money.

But Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

dimeji akinloye