Court declines to unfreeze Patience Jonathan $15.5m accounts
Mrs Patience Jonathan, wife of the immediate past Nigeria’s President
Goodluck Jonathan, on Monday suffered a setback when Justice Mohammed
Idris of the Federal High Court sitting in Ikoyi, Lagos, declined to
grant her request seeking to unfreeze her accounts which has a sum to
the tune of $15.591 million.
Instead, Justice Idris directed parties to file pleadings since issues have been joined as to who owns the said sum.
The judge equally made an observation that all the defendants had
formulated issues of different dimensions from the one formulated by
the plaintiff in the originating summons.
This, Justice Idris insisted will never be acceptable by the court.
According to Justice Idris, “The issues formulated by all the defendants are baseless.
“They go to no issue and will be ignored by the court.
“I hold that this court lacks the competence to determine the issues
raised by the defendants in their written addresses having abandoned the
specific issues formulated by the plaintiff in the originating
summons.
“It is unfortunate. I say this because the issues raised by the
defendants appear on the face of it good and deserving to be considered
on their merit.
“But I as I understand it to be the law, sentiment has no basis in the adjudicatory system.
“Where processes are not properly prepared, any defect would render
the proceeding fatal as the court cannot re-formulate the issues for
determination.
“There is a contention as to issues and facts as to the money’s ownership.
“In respect of this issue, the contention appears divided, and there is clearly an air of friction in the proceedings.
“All the counter-affidavits filed by the defendants contains disputed facts that cannot be decided without oral evidence.
“In the light of the above affidavit evidence, it cannot in my view be
rightly contended that there are no disputed facts of substance as to
the ownership of the said funds and the law.
“The issues of fact raised by the defendants herein are not spurious or irrelevant.
“The affidavit of the plaintiff is also not conjectural.-The Authority
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