Justice M.B. Idris of the Federal High Court sitting in Ikoyi, Lagos, on Monday, rejected an application filed by a former First Lady, Patience Jonathan, seeking a declaration that she owns the sum of $9.8m domiciled in Skye Bank.<\/p>\n
The former First Lady, through her lawyer, I.A. Adedipe, SAN, had filed an application by way of amended originating summons dated December 15, 2016, seeking a declaration that she is the owner of the money and that she is entitled to access the funds without hindrance.<\/p>\n
Adedipe had also sought an order of the court discharging the freezing of the account.<\/p>\n
However, the prosecution had filed a counter affidavit, challenging the competence of the amended originating summons of the applicant.<\/p>\n
At Monday’s sitting, prosecution counsel, Idris Abdullahi Mohammed, urged the court to reject the application filed by the defence counsel.<\/p>\n
“My Lord, the facts in this case are in dispute; and it is a known fact that whenever a fact is in dispute, the appropriate way of commencing this suit is by way of writ of summons, which the applicant has refused to comply with.”<\/p>\n
In his ruling, Justice Idris upheld the submission of the prosecution counsel that the suit ought not to have commenced by the way of originating summons, which the claimant had done.<\/p>\n
Consequently, the judge ordered parties to file their applications by way of writ of summons before the court.<\/p>\n
The money is part of the $15.5m the Economic and Financial Crimes Commission, EFCC, had stumbled on in four bank accounts domiciled in Skye Bank Plc, while investigating a former Special Adviser to former President Goodluck Jonathan on Domestic Affairs, Waripamowei Dudafa.<\/p>\n
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