Justice John Tsoho
of the Federal High Court in Abuja on Thursday fixed November 16 to
hear the N2 billion Fundamental Rights suit brought against the EFCC by
Mrs Patience Jonathan.
At the resumed hearing, Mr Ifedayo Adedipe (SAN) announced to the court of his readiness to move his client’s application.
Justice John Tsoho, however, refused to entertain the suit on the grounds that the respondent was not represented in court.
The
suit was brought pursuant to Order 2 Rule 1 of the Fundamental Rights
Enforcement Procedure Rules 2009 and Sections 34(1), 36(1), 37, 42 and
44 of 1999 Constitution as amended.
The applicant is praying for an order for general damages and compensation in the sum of N2billion.
She averred that the amount would serve as compensation for the violation of her fundamental rights by the commission.
Mrs
Jonathan is also seeking a declaration that her incessant harassments
by the EFCC through negative media publications aimed at degrading her
person as corrupt had sufficiently violated her rights.
She
alleged that the commission’s malicious campaigns against her were
carried out by the respondent without prior invitation to defend
herself.
Mrs Jonathan further averred
that the respondent’s actions were not offshoot of her trial and
conviction in any courts of competent jurisdiction.
She
said her rights and good public image had been violated under Section
37 of the 1999 Constitution as a result of the respondent’s untamed
actions.
She is also seeking a
declaration de-freezing all her bank accounts and those of her relatives
held down by the EFCC under the guise of investigation of proceeds of
crime.
The applicant averred that the
commission had without her invitation and interrogation approached a
court to freeze those accounts.
She
is further seeking a declaration that the invasion of her property by
the EFCC officers in her absence was a breach of her fundamental right
among others.
The applicant has
therefore, asked for an order restraining EFCC, whether by itself, its
agents, privies or any person acting on its behalf from further
violating the her fundamental rights.
The EFCC had seized a multi-million naira hotel allegedly belonging to the wife of ex-president Jonathan.
The anti-graft agency also seized three other properties in Abuja alleged owned by the applicant.
Mrs
Jonathan first came under EFCC’s search light in May 2016 when the
commission arrested a former Special Adviser to the President on
Domestic Affairs, Waripamowei Dudafa.
The
applicant laid claim to about 15 million US dollars found in bank
accounts allegedly belonging to Dudafa’s domestic servants.
She had swiftly sued Skye Bank Plc and the EFCC on that account.
The anti-graft body went ahead to freeze the applicant’s personal account with a balance of 5 million US dollars.
(Endowed Blogs.)
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