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A Federal High Court in Abuja, on Monday, adjourned hearing to April 12 on matter which the former First Lady, Patience Jonathan, is accusing the Economic and Financial Crimes Commission (EFCC), of destroying buildings belonging to Ariwabai Aruera Reachout Foundation which has link to her.
The EFCC had filed an ex parte motion seeking temporary forfeiture of the said properties situated at plot No. 1758, Cadastral Zone, B06 Mabushi and plot No.1350, Cadastral Zone, A00 Central Business District, Abuja.
But before moving her preliminary objection to the application, agents of the Federal Government moved against the properties and destroyed them.
When the matter was ripe for hearing at the last adjourned date on January 22, counsel to Patience Jonathan, Mike Ozekhome (SAN), informed the court that the buildings, which were the subject matter of the litigation, had been demolished.
Ozekhome told the court that the properties were demolished by the Federal Government, whose agent, the EFCC, had come to court seeking an interim forfeiture.
According to the former First Lady, the demolition took place despite a suit challenging the temporary forfeiture application of the EFCC of the properties which is pending before a sister court presided ove by Justice John Tsoho.
“My Lord, we are in a democracy, not dictatorship. Demolition of the properties which are a subject matter of a suit before the court is the highest level of lawlessness and disregard to the rule of law. It is an act of intimidation on the judiciary.
“You cannot destroy properties already a subject matter of a suit before a court whether done directly or indirectly by the government or EFCC.”
The EFCC lawyer, had denied the allegations.
Considering the development, the trial Judge, Justice Nnamdi Dimgba stated that he could not make any order that would become academic or hypothetical.
Justice Dimgba cautioned parties to shield their sword until the true position of the properties are ascertained.
“Court can’t make political or academic order. It can’t make order in vain. The court will adjourn to make inquiry or veracity of the allegation,” Dimgba held.
At the resumed hearing yesterday, Ozekhome insisted that the properties were truly demolished.
But the EFCC lawyer, Raymond Ezekiel, said it was false. He, however, said he has filed counter affidavit, challenging the veracity of the defendant’s claims.
Ozekhome sought for an adjournment on grounds that he needed time to respond to the counter-affidavit of the EFCC because it was served late Friday.
Justice Dimgba then adjourned till April 12 for hearing.
