The Federal High Court in Lagos on Monday suspended proceedings in the hearing of an application seeking permanent forfeiture of $5.7million belonging to wife of former President Goodluck Jonathan, Patience.
Justice Mojisola Olatoregun stayed proceedings pending the outcome of an appeal challenging the money’s temporary forfeiture.
The Economic and Financial Crimes Commission (EFCC) is praying the court to order that the cash be permanently forfeited to the Federal Government.
The judge, on April 26, made an interim order forfeiting the money based on an application by EFCC.
Justice Olatoregun had also ordered the temporary forfeiture of N2, 421,953,522.78 found in an Ecobank Nigeria Limited account numbered 2022000760 in the name of La Wari Furniture and Baths Limited.
The commission said the money also belongs to Mrs. Jonathan.
EFCC’s lawyer Rotimi Oyedepo told the judge on Monday that he was ready to move his application for the money’s forfeiture.
He said the respondents had filed their counter-affidavits and served him.
But, Mrs. Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), said he filed an application for stay of proceedings pending the appeal’s determination.
Counsel for La Wari Furniture and Baths, Chief Mike Ozekhome (SAN), added that once an appeal had been entered, the lower court ought to stay proceedings.
Besides, he said the Court of Appeal had already fixed the case for hearing on July 5.
Citing several judicial authorities and Court of Appeal Rules, Ozekhome said it would amount to disrespect for court hierarchy for the judge to proceed with the case where there was a pending appeal.
According to him, the lower court ceased to have jurisdiction once the appeal was entered and records transferred.
Ozekhome said, “It’s the law that says once a party to a matter has filed an appeal and the records of proceedings transferred, the lower court ought to wash its hands off the case like Pontius Pilate.
“The Supreme Court said it will amount to judicial impertinence to entertain the matter when there’s a motion pending at the appeal court.
“It will amount to embarking on an illegal judicial voyage of discovery.”
But, Oyedepo said the court could hear the case as there was no order for stay of proceedings from the Court of Appeal.
“Your Lordship has jurisdiction to hear this matter. There is no order staying proceedings by the superior court,” he said.
(The Nation)
