Sahara Reporters Latest News Sunday 26th May 2019

Sahara Reporters Latest News Sunday 26th May 2019

Sahara Reporters Latest News Today and headlines on some of the happenings and news trend in the Country, today 26/05/19

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Leadership Newspapers News Today Sunday 26th May 2019

target=_blank>Court Restrains INEC From Issuing Certificate Of Return To Okorocha

 
The Federal  High  Court  sitting in Owerri has ordered that the Independent National Electoral Commission(INEC) should not issue a Certificate of Return to Rochas Okorocha as a senator-elect for Imo West.The court, in a suit filed by  Hon. Jones Onyeriri, the Peoples Democratic Party(PDP) Senatorial  candidate for Imo West, ordered that the status quo be maintained until the hearing and determination of the Motion on NoticeThe presiding judge, Justice E.F. Njemanze, adjourned the case till June 5 2019, for hearing.INEC had declined to issue Certificate of Return to Okorocha who was the senatorial candidate of the All Progressives Congress, APC, after the returning officer alleged that he was forced to declare him winner under duress.
 

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target=_blank>Lawyer Wins Nigerian Government, Fashola In Court On Quick Rehabilitation Of Badagry Road.

    
A Federal High Court Ikoyi, in Lagos has ordered that the Nigerian Government to fix Lagos Badagry expressway with immidiate effect . Justice Saliu Saidu made the order on Friday, sequel to a motion on notice filed and agued by Julius Ajibulu, legal practitioner.
 Ajibulu had filed a lawsuit in 2017 against  the federal government of Nigeria, joining the Attorney General of the Federation, Ministry of Works, Lagos State government as well as the Attorney general of Lagos state  over the reckless abandonment of the Lagos-Badagry Trunk, a federal highway from Iyana Iba axis.
Appearing before Justice Saliu Saidu of the Federal High court for the respondents in the suit  were Musa Abudul Esq. for the 1st  and 2nd respondents, I. A Modibbo Esq. for the 3rd and Abiola Adeyinka Esq. for the 4th and 5th respondents.
Barrister Julius who stood in person as the applicant in the suit as well as his own legal representative made it clear in his originating motion of 21st  December 2017 that the abandonment is unlawful and unconstitutional and therefore is a clear violation and infringement of his, and that of Nigerians, as well as obstruction to freedom of movement as guaranteed and preserved under the provisions of Article 12 of the African Charter on human and people’s rights.
The plaintiff declared that these authorities owe him and the Badagry people  the duty and responsibility to rehabilitate and reconstruct the Lagos Badagry roads quickly and timeously.
Still in his affidavit dated 21st, October 2017, he urged the court to compell the respondents to rehabilitate and reconstruct the Iyana-Iba axis road leading to Badagry.
He went on to inform the court that the Badagry road is in comatose due to the  neglect and sheer abandonment and as a result has caused avoidable loss of lives and properties of Nigerians who ply the highway.
Barrister Julius Ajibulu said there are lots of cravings on the road due to the washing away of bitumen, granite and sharp sand from the roads due to the abandonment.
He pointed out clearly that the first respondent, the Federal government is saddled with the duty and responsibility of executing projects under the items contained in the exclusive legislative list of constitution of the Federal Republic of Nigeria, 1999 as amended of which road network now included and equally to manage the affairs of Nigeria and Nigerians which it failed in the case of Badagry roads.
He also outlined that the 2nd and 5th respondents, the Attorney general of the federation and minister of justice and the Attorney general of Lagos state are meant to shoulder the duty and responsibility of handling and managing the legal affairs and litigation of the Federal government of Nigeria and Nigerians.
He pin-pointed that the 3rd and 4th respondents, the Minister of Works and the Lagos state government are saddled with various duties and responsibilities, one of which is the construction and rehabilitation of all federal highways in Nigeria including the Lagos-Badagry Trunk.
The young and agile Barrister maintained that the Lagos Badagry express way is a major trans-national and trans- boundary road that links and connects the Federal Republic of Nigeria to the Republic of Benin and other West Africa countries and  due to the geographical position of the road network, it is suppose to serve the purpose of  border movement of traders in the West African sub region which is not the case due to the bad state of the road.
Barrister Julius Ajibulu went as far as recounting his own personal experience on the unplyable road. He told the court that he was compelled to pay a cost of failure of appearance and attendance for a day’s proceeding in a criminal matter after his car got into a big ditch at the center of the road between Iyana -Iba axis and Badagry as a result of the cravings on the road as such, he couldn’t make way forward and missed the court sitting.
The promising lawyer told the court that the bad portions of the roads have caused him and other road users, emotional and bodily pain, torture and psychological trauma, lost of trans boundary and trans national clients from Benin Republic and even several loss of lives.
This is evident in the demonstration that took place on Monday, the protests in the Badagry area of Lagos as students and residents plying the Lagos-Badagry expressway staged a mass protest calling on the Federal Government to fix the now deplorable road.
The protesters defied the heavy rains and marched from Badagry town towards LASU-Iba axis of the road lamenting the hardship they experience.They called on all politicians representing Badagry at the State and Federal levels to raise their voices and ensure that the road is fixed as soon as possible.
The 1st and 2nd respondents in a counter affidavit argued that the applicant seeking the court for the enforcement of his fundamental rights has not in any way shown to the court how the non construction and rehabilitation of the Badagry road network has infringed his fundamental rights as provided in section 36 of the constitution.
The respondents also stated that it is not enough for the applicant to say his fundamental rights have been breached but has to go the extra mile to adduce evidence to that effect and advised the court not to open sores to litigants to approach the court.
They therefore urged the court to dismiss the suit.
The Lagos state government and Attorney General of Lagos State also filed a counter affidavit stating that the applicant again failed to establish how they violated his fundamental human rights and that there is no substance to the claims but mere speculations.
They further aligned that the reconstruction and rehabilitation of the roads is for the benefit of the people and  they cannot force anyone to do their duties which they claimed is already being done and urged the court to also dismiss the suit.
The 3rd respondent, Minister of Works also argued same saying the court should dismiss the suit as there is no case since there are alternative roads leading to Badagry.
In response to this counter affidavit, the applicant, Barrister Ajibulu told the court that no defence has been put forward by the respondents and that the facts he judiciously outlined in his affidavit have neither been controverted.
He also reminded the court that respondents also failed to respond to the rights of freedom of movement raised in his affidavit.
After a due consideration of the arguments, and a critical analysis of the affidavits and counter affidavits, the court granted it’s ruling saying, “It is argued by the 3rd respondent that there are alternative roads that Nigerians can use to access Badagry road, no mention of such road was made before the court” the court said.
“The respondents have not controverted the deplorable nature of the road and as such is in admission” the court stated.
“The applicant’s right and other Nigerians rights have been infringed by the respondents and I hereby grant as follows” Justice Saliu Saidu continued
“That the reckless abandonment of the Lagos-Badagry Trunk, a federal highway from Iyana-Iba axis to Badagry road network by the respondents is unlawful and unconstitutional and therefore amounts to a clear violation and infringement of the applicant and Nigerians fundamental rights to freedom of movement as guaranteed and preserved by the provisions of Article 12 of the African Charter on Human and People’s right (rehabilitation and enforcement) Act  and Section 41 of the constitution of the Federal Republic of Nigeria 1999 as amended”, he further stated.
“That the respondents owe the applicant and Nigerians the duty and responsibility to rehabilitate and construct the Lagos-Badagry Trunk, a federal highway from Iyana-Iba axis to Badagry road network quickly and timeously” the court concluded.

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target=_blank>Breaking : INEC Complies With Supreme Court Verdict, Declares PDP Winner Of Zamfara Polls

The Independent National Electoral Commission ( INEC ) has declared the Candidate of Peoples Democratic Party  ( PDP ) , Mohammed Mattawale  as the winner of Governorship election in Zamfara State  .
The commission also declared all the candidates of the party winners of all the senatorial and federal constituencies seats . The Chairman of the commission, Mahmoud Yakubu said that certificate of return will be issued to the Goveror-elect , senators elect  and members House of Representatives on Monday 27th May 2019 at the commission’s office in Abuja.
He added that   members elect House of Assembly will receive the certificate from the Resident Electoral Commissioner of the state on 31st May 2019.
He disclosed this in Abuja at the end of the marathon meeting of the commission to deliberated and reviewed the judgement of the supreme court which voided all the votes cast for the All Progressives Congress  ( APC ) in the state. 
Yakubu  said that properly conducted  party primaries are cardinal for the proper internal functioning of the political parties and electoral process .
According to him ” Therefore political parties must take seriously the conduct of the primaries according to all external  rules including the monitoring processes for INEC to avoid the repeat  of the Zamfara experience. 

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target=_blank>Psquare: Peter Threatens To Sue Show Promoter Over Flyers Of Him And His Brother

 
For a brief moment, fans of Nigerian music twin sensation Psquare thought the singers were back together when they saw pictures of them together on a flyer for a show in Angola.
 
The flyer for the show themed “Feast Beach” which showed Peter and his brother Paul dressed in native attires was organised by an Angola events company named PubFourevents.
 
Peter Okoye,however, took to his Instagram handle today to distance himself from the show which set to hold in Angola on the 26th of May and even threatened to sue organises of the show.
 
Findings by Sahara Reporters show  that Paul was the one contracted to perform at the said event as a post on his Instagram handle showed him arriving in Angola some few hours ago. 
 
Alongside a picture of the flyer and that of Paul arriving in Angola, Peter wrote on: “Na Wa o! So they needed my image to sell their show Angola. @pubfoureventos you’ll be hearing from my lawyers soon. #UnaDonFindMyTrouble.”
 
It will be recalled that the group Psguare went separate ways in September 2017 after several efforts by top entertainers in the music industry to find amicable settlement to  the continuous disagreement between the singing duo hit a brick wall.

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target=_blank>Three FRSC Officials Beat Up Man For Refusing To Pay Illegal Fine Of N3,000

Three personnel of the Federal Road Safety Commission harassed one Osho Oladotun Johnson for refusing to pay N3,000 illegal fine.
The FRSC officials identified as A.C Achigili; Olatunji with tag number M10468; and Badeniyi with tag number M1411, stopped Johnson at Ozumba Mbadiwe, Lagos Island, as he was going for a meeting today.
Narrating the incident, Johnson said he was flagged down as he was heading to Admiralty Way for an official meeting as he ended up being beaten by the road safety officials.
“I was stopped by the FRSC officials after which they requested for my driver’s license and I gave it to them.
“They also requested for my vehicle license, I mistakenly gave them a wrong one at first and they said it had expired. I checked my car again, gave them the valid one, and apologized to them for giving them the old vehicle license,” Johnson recounted.
He, however, said the officials were not pleased with him giving them the valid vehicle license as they went ahead to present him a ticket fine of N3,000.

He said, “They insisted I must pay the fine of N3,000 because they had already issued me the ticket. I was explaining to their team lead, Achigili and told him my driver and vehicle license are up to date. While I was doing that, Olatunji and Badeniyi started taking pictures of my car and me.
“I brought out my phone and did same, as they noticed what I was doing, and they descended on me, they smashed my phone on the floor and started beating me.
“They also smashed the windscreen of my car. The three of them beat me up seriously and they went away with my driver’s license.”
Johnson labelled the act of the FRSC personnel as undemocratic and lawless.
“What kind of country are we in, a country where democracy no longer rules. It is so terrible and it pains me to see that we are in a lawless society that even FRSC officials can harass and beat up drivers whenever they feel like.”

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FRSC Officials Beat Up Man For Refusing To Pay Illegal Fine Of N3,000

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target=_blank>Emefiele Files Defamation Suit Against Uboh, Refuses To Answer Pending Suit On Misappropriation

Godwin Emefiele,  governor of the Central Bank Of Nigeria(CBN), has filed  a defamation suit  against George  Uboh, the chairman of George Uboh Whistleblowers Network (GUWN).
 The suit is coming on the heels of the bail granted George Uboh on Friday by the Chief  Magistrate of the Upper Area Court sitting in Zuba, a suburb of the Federal Capital Territory, Abuja.
The bail did not materialize, however, because no sooner had he been granted bail as regards the Ned Nwoko allegations than the police prosecution pressed another charge, brought by Emefiele, against him. Consequently, Uboh was not set free  and he has since been remanded in Suleja prison. 
Meanwhile, Uboh was the first to file a suit against Emefiele. In a case with the  Suit No: FHC/ABJ/CS/419/2019 which has Uboh as the sole plaintiff and  Godwin Emefiele, The Senate President, The Senate, Federal Republic of Nigeria and The President Federal Republic of Nigeria as Defendants. Through the suit, filed at the Federal High Court , Abuja,  Uboh had asked the court to restrain the Senate from  exercising its ‘ confirmational’ powers in regard to the re-appointment of 1st Defendant(Emefiele) by the fourth Defendant (the president of Nigeria). 
Despite obtaining exparte order  for the case against Emiefiele, the apex bank governor has yet to answer to the pending lawsuit and the Senate eventually confirmed Emefiele for a second term in office.
In the  lawsuit filed against Emefiele by Uboh, a copy of which was sent to SaharaReporters,  Uboh  had alleged that the CBN under the watch of Mr Emefiele conspired with Nigerian National Petroleum Corporation(NNPC) to divert  Two billion, Five Hundred and Sixty-four Million United States Dollars($2,564000000 USD in 2015), money he claimed was expected to be shared through  Federal Account Allocation Committee(FAAC) in January 2016 to the three tiers of government.

uboh suit against nassemefiele.pdf

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He also alleged that the apex bank boss in 2017 alone, under his watch under-declared and under-remitted $760,000,000:00 USD exchange gains which accrued from Bureaux De Change (BDCs) to Federation account through Lagos, Kano, Abuja and Awka.He further accused the governor of shunning  Treasury Single Account(TSA) policy as rolled out by President Muhammadu Buhari in 2015.
He added that they (Whistle-blowers) are interested in how funds generated by Federal Government are being expended on Ministries, Departments and Agencies, MDAs pursuant to the Fiscal Responsibility Act, 2007.
“We are a Non-Governmental and Civil Society Organization interested in the way and manner Federal Government funds are being expended at MDAs pursuant to the Fiscal Responsibility Act, 2007.
“We are calling on Nigerians on the homeland and in the Diaspora to ask Emefiele to account for and return $2.5 Billion USD to Treasury Single Account in line with President Buhari’s TSA policy rolled out in 2015, and security agencies to arrest Emefiele within 72 hrs,” he said. Uboh disclosed that he had written to Emefiele several times to explain and disclose to public how the money disappeared but failed to act, saying he did that in the interest of the public and whistleblowers within and beyond the CBN who have furnished his organisation germane  information on the financial malfeasance perpetrated in the apex bank under the watch of Emefiele.According to him, the CBN under Emefiele’s watch in collusion with NNPC denied the three tiers of government revenue from crude oil and gas from May 2015 to June 2016 (14 months), but diverted over $1.78 billion USD through fake accounts.
He explained further, “On Wednesday, April 3, 2019, I, Dr. George Uboh, the undersigned, in my capacity as Chairman George Uboh Whistleblowers Network (hereinafter GUWN), wrote Godwin Emefiele a letter with reference no. GUWN/CBNEMEFIELE/030419/01, captioned: “REQUEST TO REMIT OVER $2,564,000,000FEDERAL GOVERNMENT FUNDS MISSING UNDER YOUR WATCH TO TSA”.
“The aggregate of the above funds missing under your watch in a fraudulent manner is over $2,564,000,000 USD.” I asked Emefiele to remit the funds to TSA in 7 days.”
However, rather than answering to the pending suit against him which Ugoh had gotten  exparte order to serve; Emefiele, via  substituted service, constituted malicious prosecution aided by Tony Michael, DIG of police investigation.Uboh was later arrested by The Force Criminal Investigations Department(FCID)  earlier this month for SaharaReporters released full transcript of audio conversation between Emefiele and other top officials of the  Central Bank of Nigeria frantically exploring means to cover up N500billion fraud.

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target=_blank>Suspected Herdsmen Attack, Inflict Wounds On Pastor In Ondo

Femi Ajayi, a Pastor with The Redeemed Christian Church of God (RCCG) in Akure, Ondo state, has been attacked by suspected fulani herdsmen leaving him with deep matchete-inflicted injuries.. Ajayi was attacked, at his residence of Abusoro in Odudun axis of Akure South Local Government Area, after a failed kidnapping attempt by the rampaging fulani herdsmen. 
The Redeemed Christian Church of God (RCCG)  Pastor was given a gash on his forehead and another deep cut on his right hand.
The attack came barely few weeks after a resident in the neighborhood was attacked and kidnapped by the suspected fulani invaders but was released after parting with ransom.Speaking to Sahara Reporter shortly after returning from the hospital on Friday, Pastor Ajayi said the fulani invaders have a single-minded aim of killing and maiming innocent residents.
He took time to explain how the invaders jumped into his compund with the plan of abducting him for ransom.
The Pastor said: “It was in broad daylight that the three of them (fulani herdmen) with big guns and cutlasses invaded my building. 
“They jumped the fence into my compound, and came in through the poultry area with the  attempt to kidnap me for ransom.
“The three of them (herdsmen) had already blocked the entrance to my house and i did not even know therewas another one outside the building. 
“Immediately i saw them, i shouted for help in the street and they began running after me but i really don’t know how i escaped from them”, he explained. 
Pastor Ajayi noted that he escaped miraculously with some wounds – in his forehead and hand as a result of  cut inflicted on him by his assailants  while struggling with him 
“It was in the process of me trying to escaped from the herdsmen thatthey subdued and matcheted me, at least you can see the cuts on both my head and right hand.
“I just returned from the hospital to treat myself and have been placed on medication. I will also be visiting the hospital again for treatments.
“The attack on me by these fulani, is the second one in the axis because a week to this my own experince, my neighbour was kidnapped at the front of his house around 8 pm. 
“He was lucky to have been freed in the next day after paying a ransome of N300, 000 to the kidnappers and he came back hom thanking God”.
According to Ajayi, the residents in the neighbourhood are now living in great fear stressing that many have abadoned their home over cases of attack and kidnapping by the fulani invaders. 
“As i speak, many have abadoned the area because it is like a new site while some don’t even sleep in their houses again at night due to fear. 
“So, it shows we are no longer safe and seem the Yoruba land is heavily invaded by these strangers (fulani herdsmen) as the situation is now becoming worrisome and alarming.
“You can imagine if these fulani herdsmen have been blocking road and abadoned that by now coming down to your house to kidnap you, definately there is a progression in their act and we have to becareful.
“My prayers are that it would not go beyond this in the Yourba land and as a race we just have to buckle up and also defend our territories”. 
He later decried the type of security apparatus put in place in the state saying that there is need to protect the territories against invaders who have now found businesses in the attack and kidnapping for ransom.
 

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target=_blank>I wish I Had Been In Politics 20 Years Ago, Says Ajimobi

Abiola Ajimobi, the outgoing Governor of Oyo State, has said he wish he had been in politics 20 years ago
The lame duck governor said this on Friday while addressing state house correspondents in Abuja.
He said he regrets spending 8 years in office because the impatience of the people inhibited him from executing all his plans.
However, he did not give details of the things or projects that he wanted to do but couldn’t because the people did not show enough understanding.
He said: “I think I regret the fact that I have not been able to do everything I wanted to do. I wish our people could be more understanding, could be more patient, but they feel that any time you try to make a change, people resist change even if it is good for them.
“I wish I had been in politics 20 years ago.”
On why he came to thank Buhari, the governor replied that due to the President’s several financial interventions in form of bailouts, he would exit office without leaving behind any unpaid salaries.
He also admitted that the bailouts helped his administration to complete a number of projects and made the state a lot more peaceful.
Ajimobi said, “I want to thank President Buhari for the support he has given all the states, particularly during the period of scarcity of funds to execute our projects, to pay salaries, to meet the socio-economic development demands.
“I am going to Umrah to thank God. When I came in, I pleaded with God to give me the opportunity to serve peacefully and that He did.
“I also want to thank the people of Oyo State for allowing me to be the first governor to do two terms of eight years; it has never happened in Oyo State.’’
As of February, the Federal Government disclosed that the total bailouts it gave to the 36 states and Paris Club Refund since 2015, stood at N1.19tn.
The governor also said that  Oyo State became more peaceful under him.

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E2%80%98president-who-shows-disdain-rule-law%E2%80%99 target=_blank>Lawyer Slams CJN For Dinning With ‘President Who Shows Disdain For Rule Of Law’

Inibehe Effiong, a Lagos based human rights lawyer, has condemned Tanko Muhammad, the acting Chief Justice of Nigeria (CJN), and other judicial officers for attending a private dinner with Nigeria’s President Muhammadu Buhari at the Villa on Thursday.
Effiong said on social media that the act was in contravention of the Code of Conduct for judicial officers.
He said it was not morally right for Buhari to host judges to social events when an election petition is pending against him.
He also berated the judges for associating with “President who has publicly asserted his disdain for the rule of law”.
According to Inibehi, Rule 1 of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria 2016 states that judges must avoid gatherings that could appear to the public that they have been compromised.
He said”  “Rule 1.4 states: ‘The Judge must be sensitive to the need to avoid contacts that may lead people to speculate that there is a special relationship between him and someone who the judge may be tempted to favour in some way in the course of his judicial duties’.
“1.5 states: ‘A judicial officer must avoid social relationships that are improper or may give rise to an appearance of impropriety or that may cast doubt on the ability of a judicial officer to decide cases impartially.’”
Effiong said propriety and the appearance of propriety, both professional and personal, were essential elements of a judge’s life as  the public expects a high standard of conduct from them.
He said whenever a judge was invited to a gathering, they must ask: “How might this look in the eyes of the public?”
The lawyer said Justice Muhammad, who will most likely handle the election petition against Buhari, must not leave room for doubts.
Effiong added, “It is in Nigeria that intellectuals defend the madness and impropriety of politicians with so much passion.
“When you have the head of the judicial arm, dining with a President who has publicly asserted his disdain for the rule of law, a President who has a petition challenging his election before the courts, at a time that the judiciary is plagued by a crisis of confidence, and you still come here and insult me over my harmless observation, is there hope for the future of Nigeria?’’
“I have said it before and it bears repeating, it’s more about public perception and appearance of impropriety. Judges, unlike lawyers, are not allowed to associate or mingle with  society they live in. The fact that a judicial officer is also the head of the judicial arm of government does not change this ethical standard.”
He  recalled that President Donald Trump of the United States was berated across party lines for being too friendly with the Director of the Federal Bureau of Investigation, James Comey, when the former was under probe.
He also  recalled how the Chief Justice of the US, John Roberts, publicly disagreed with Trump on how the judiciary should be run.

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Nigeria’s Government Seeks Final Forfeiture Of Patience Jonathan’s $5.7million, N2.4billion

The Economic and Financial Crimes Commission (EFCC) has told the Federal High Court in Ikoyi, Lagos to order the final forfeiture of $5.7million and N2.4billion belonging to former First Lady Dame Patience Jonathan.
It said the money is reasonably suspected to be proceeds of crime.
Moving an application for the final forfeiture, EFCC’s lawyer, Rotimi Oyedepo, said Mrs. Jonathan did not earn the money legitimately.
But, Mrs. Jonathan, through her lawyer, Chief Ifedayo Adedipe (SAN), said the money was not stolen.
He said it was part of gifts from friends, adding that nobody complained that their money was stolen.
Justice Mojisola Olatoregun on April 26, 2017 ordered the money’s temporary forfeiture based on an ex-parte application by the EFCC.
Mrs Jonathan appealed, but the Court of Appeal last January 12 upheld the temporary forfeiture.
The Supreme Court on March 15 affirmed the Court of Appeal judgment.
It directed the appellant to return to before Justice Olatoregun to show cause why the money should not be permanently forfeited to the Federal Government.
In an affidavit in support of the ex-parte originating summons, an EFCC operative, Musbahu Yahaha Abubakar, said Mrs Jonathan opened a Skye Bank account on February 7, 2013.
“One Dudafa Waripamo Owei, who was the Senior Special Assistant to the former President, was one of the frequent depositors in the account.
“Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.
The EFCC investigator said Iyoha made deposits with fictitious names.
Abubakar said between February 8, 2013 and January 30, 2015, $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.
He said Mrs Jonathan dissipated part of the funds, leaving a balance of $5,731,173.55.
 “If this funds are not forfeited in the interim, the operator of the account, Mrs Dame Patience Jonathan, will fully dissipate it,” the investigator said.
The commission said the N2.4billion was found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.
The EFCC said the “purported” signatory to the account was one Ada Ifegbu, with a telephone number belonging to one Esther Oba.
 
The EFCC operative said the N2.4billion “was substantially the naira equivalent of the United States dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa.”
He said it was John who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths’s account.
The company is the second respondent.
Urging the court to order the final forfeiture, Oyedepo said: “The $5million was not the first respondent’s legitimate earning.
“She was a public servant and a salary earner. The sums cannot be her legitimate income. We urge the court to agree with us and forfeit the sum to the Federal Government.”
On the N2.4billion, Oyedepo said the opening of the account where the money is domiciled is “shrouded in mystery and fraud”.
He added that a director of La Wari Furniture and Baths, Mrs Oyewole Yemisi, when questioned by EFCC, claimed not to know anything about the company and that her signature was forged.
“She denied being part of the resolution that authorised the opening of the account in which the funds were warehoused. She said she was not part of the company,” Oyedepo said.
Besides, he said those who paid money into the accounts did not buy any goods from the firm.
“The money was not the proceeds of sale of any goods. We urge my Lord to hold that the money is proceeds of crime,” Oyedepo said.
But, Chief Adedipe said there was no evidence that the money sought to be forfeited is proceeds of crime.
He said Section 17 of the Advance Fee Fraud, which EFCC relied on, is targeted at fraudsters and anticipates “unlawful conduct”.
“It is not the law that if the EFCC finds money in an account and it doesn’t like the owner’s face, it comes to court and says ‘forfeit it’.
“The government is at liberty to apply for forfeiture, but the offence must be stated.
“The first respondent is the wife of a former deputy governor, governor, vice president and president. Even the current occupier of the office of the First Lady wants to build a university.
“In this country, First Ladies enjoy a lot of goodwill. She (Mrs Jonathan) stated that governors gave her money. Nobody wrote that she stole their money,” the SAN said.
Besides, Adedipe added that the anti-graft agency did not provide any evidence that her client stole money from government or any individual.
“All EFCC said is that they saw money in her account and assumed it was stolen. They didn’t say from whom. You don’t pick on your political opponents.
“We urge your Lordship to hold that the money is not proceeds of unlawful act. It’s not a crime to be given money,” Adedipe said.
La Wari Furniture and Baths’ counsel, Chief Mike Ozekhome (SAN), said the company is an ongoing business concern involved in the import and export of furniture and antiques.
“It is settled law that suspicion no matter how grave can never amount to legal evidence to prove the guilt or culpability of anyone either in criminal or civil proceedings.
“They have not brought anybody to complain that money is missing. It is not a crime that La Wari Furniture and Baths had made money.
“EFCC has not shown any predicate offence committed by La Wari Furniture and Baths. They threw a wide net into the sea looking to catch a fish.
“We urge your Lordship to refuse this application,” Ozekhome prayed.
Justice Olatoregun adjourned until June 24 for judgment.

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