Federal high court in Lagos State has yesterday de-freezed the bank account of ex president Goodluck Jonathan's wife
Federal high court in Lagos State has yesterday de-freezed the bank account of ex president Goodluck Jonathan's wife, Dame Patience Jonathan, allegedly containing billions of naira.
The account with Skye Bank was frozen last year by Justice Mojisola Olatoregun-Ishola, alongside that of five comapnies as well as her alleged cousin, Esther Oba’s. Justice Ishola however de-freezed the account following an application filed by Mrs. Jonathan’s lawyer, Mr. Adedayo Adedipe (SAN), on the grounds that his client was not a party to the suit.
Adedipe further argued that the suit was an abuse of court process, as the court had no jurisdiction to make an order against a person that was not a party to a suit before it.
It was discovered that the EFCC did not file any response to the application to discharge such order.
Justice Mojisola therefore ruled in Mrs Jonathan's favour, directing the EFCC and Skye Bank to de-freeze the account because all claims in the plaintiff’s affidavit were not challenged or controverted.
She however pointed out that although the EFCC was served with the application to defreeze the account, it filed no response to counter it.
“It is trite in law that an order cannot be made against any person who is not a party before the court. It was not controverted that Dame Patience Jonathan is not a party in the order obtained in this court..." she said.
“...I hereby make an order unfreezing the Skye Bank account belonging to Dame Patience Jonathan forthwith.”
Nigerians have since reacted to the ruling, some saying that the judicial system is in chaos, and others describing the ruling as a judicial blow.
By
Chinelo Okafor
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