By Innocent Anaba

A  Federal High Court sitting in Lagos, yesterday,  refused an application by former First Lady, Mrs Patience Jonathan, to unfreeze her accounts with $15.591 million in them.

Ex First Lady, Dame Patience Jonathan

Trial judge, Justice Mohammed Idris, instead,  ordered parties to file pleadings since issues had been joined as to the ownership of the money.

The court noted that all the defendants formulated different issues from that formulated by the plaintiff in the originating summons, which he said was unacceptable.

“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,” the judge said.

Justice Idris noted that  where processes are not properly prepared, any defect would render the proceeding fatal as the court cannot “re-formulate” the issues for determination.

The judge said: “In respect of this issue, the contention appears divided, and there is clearly an air of friction in the proceedings.”

According to the judge, all counter-affidavits filed by the defendants contain 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.

“In my view, the facts are contentious and oral evidence needs to be led by the parties herein. In the light of the above facts, this case is generally not suitable for an originating summons procedure. In the circumstances, the court hereby orders that parties herein file pleadings in accordance with the Federal High Court Civil Procedure Rules 2009 and trial shall then proceed accordingly. This is the order of the court.”

EFCC had urged the court not to unfreeze the account, because the money is suspected to be “proceed of crime.”

Mrs Jonathan prayed the court to order the EFCC to unfreeze the accounts to enable her access the money.

EFCC, Skye Bank Plc, Jonathan’s former aide Waripamo-Owei Dudafa, Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Trans Ocean Property and Investment Company Ltd and Avalon Global Property Development Ltd are the respondents.