Former First Lady, Patience Jonathan has succeeded in staying proceedings in the suit seeking the final forfeiture of the sum of $5.8 million seized by the Economic and Financial Crimes Commission, EFCC.
The suit has been temporarily put on hold as her counsel, Mr Mike Ozkehome, informed a Federal High Court Sitting in Lagos today that the appeal on the interim order of forfeiture has been fixed for July 5 and a “stay proceeding” of the matter has been entered at the court of appeal.
He added that the lower court cannot decide the merit of an appeal, saying that it would amount to an affront for a lower court to disregard the process of the appellate court served on it.
Consequently, the judge in her short ruling said, “As a result of the appeal notice that has been entered, coupled with the hearing notice slated for 5th of July. In view of this, I am inclined to grant an adjournment in this matter for parties to ventilate their views in the appellate court”.
She then adjourned till September 24 to abide by the decision of the appeal court.
The amount in question, which the anti-graft agency claim is the proceed of crime, has been under several litigations.
In November 2016, Justice Mojisola Olatoregun granted a forfeiture of the sum following an application by the EFCC
However, in March 2017, the forfeiture order was vacated in agreement to the counter application that challenged the propriety of the commission’s action.
Barely 24 hours after the forfeiture order was vacated, the EFCC filed an ‘Action in Rem’, seeking an order for interim forfeiture, which Justice Olateregun again granted.