By Ikechukwu Nnochiri
ABUJA – The Abuja Division of the Federal High Court, on Monday, ordered an inquiry into alleged illegal demolition of a property linked to the wife of former President Goodluck Jonathan, Patience, by the Federal Capital Territory Administration, FCTA.

The said property which belongs to Ariwabai Aruera Reachout Foundation/Women For Change and Development Initiative, a pet project initiated by the former first lady, has been a subject of litigation before the court.

It was reportedly demolished by the Development Control Department of the FCTA last week Tuesday.

The Economic and Financial Crimes Commission, EFCC, had earlier approached the court for an order of interim attachment/forfeiture of assets and properties of the foundation.

In an ex-parte motion that was signed by its lawyer, Mr. Benjamin Manji, the anti-graft agency prayed the court to grant it the ownership of Plot No. 1960, Cadastral Zone A05 Maitama District and Plot No. 1350, Cadastral Zone A00, in Abuja.

The anti-graft agency equally sought for “An order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the property/asset”.

However, Mrs. Jonathan, in a swift reaction, filed a motion to challenge the powers of the EFCC to take possesion of assets of the Foundation.

The former first lady said she got wind of EFCC’s plans and decided to file a counter-motion in opposition to the interim forfeiture order request.

She prayed the court to strike out EFCC’s ex-parte Originating Motion dated September 20, 2017, on the ground that the court lacks the jurisdiction to entertain the application which she said was legally defective.

Meanwhile, when the case came up for hearing on Monday, Mrs. Jonathan’s lawyer, Chief Mike Ozekhome, SAN, notified the court that the said property in contention had been demolished by an agency of the government.

Ozekhome who displayed some envelopes which he said contained video recordings and pictures of the demolition, said it was worrisome that the government, despite being aware that the case was in court, resorted to self-help.

He equally produced some newspapers, which he said contained reports of the demolition.

At that juncture, Justice Nnamdi Dimgba demanded an explanation from EFCC’s counsel, Mr. Manji, who denied knowledge of the demolition and maintained that the agency was not aware of the development.

“My lord our mandate is clear, it does not include demolition. We need to confirm if the property is still in existence before we can proceed with our application for temporary forfeiture”, Manji added.

Ozekhome agreed with the EFCC lawyer on the need to ascertain the state of the property first before further steps could be taken on the case, even as he declared his intention to file an affidavit for the formal presentation of the video recording, pictures and newspaper publications of the demolition before the court.

Consequently, Justice Dimgba adjourned the proceedings to enable parties to the suit to report back to the court on the alleged demolition.

The Judge said the court could not act without first ascertaining whether or not the property in question had been destroyed.

He said: “I will adjourn for the claim that the property has been demolished to be ascertained to enable the court to know what proper steps should be taken”.

The case was subsequently adjourned till February 26.

EFCC had in its motion ex-parte marked FHC/Abj/CS/872/2017, predicated its request to take over assets of the Foundation, on section 6(d), 7(2), 24(a), 26(1), 28 and 29 of the EFCC (Establishment) Act, 2004, section 330(a) of the Administration of Criminal Justice Act, 2015, section 15 of the Money Laundering (Prohibition) Act, 2011, as amended, and section 44(2) (K) of the 1999 constitution, as amended.

The Commission told the court that the assets/properties of Mrs. Jonathan’s foundation “are subject matter of investigation, enquiry and examination by the EFCC”.

It said there was need to preserve the assets/properties “pending the conclusion of investigation and possibly determination of criminal charges that may be instituted against the suspects”.

“If there is any transaction on the property by the suspects by way of disposal, conveyance, mortgage, lease, sale and alienation or otherwise of the asset or property described in the schedule herein, it will render nugatory any consequential order(s) which the court may make if the suspect(s) is convicted of the offences alleged against her/them after possible due trial”, the agency added.

Besides, in a 12-paragraphed supporting affidavit that was deposed to by one of its investigators, Mr. Kolawole Mukaila, EFCC said it has a Special Task Force investigating “alleged amounts of money laundered by the former First Lady, Dame Patience Jonathan into various account and properties were purchased with nothing to show for”.

Mukaila who identified himself as a member of the special investigating team, averred: “That sometimes in 2016, an alleged case of conspiracy and money laundering was received via inteligence report to the office of the Executive Chairman and referred to my team for investigation.

“That my team swung into action to conduct a descreet investigation by writing letters to Ecobank, Diamond bank, Corporate Affairs Commission and AGIS.

“That in the course of investigation, it was revealed from the responses from the C.A.C and Abuja Geographical Information Systems that the plots of land were allocated to Ariwabai Aruera Reach out Foundation belonging to the former first lady, Patience Jonathan and her allies.

“That investigation further reveals the accounts held by Ariwabai Aruera Reachout Foundation had the former first lady, Patience Jonathan as one of the trustees and signatories of the account. Copies of the response from Diamond bank and Ecobank are herebu attached and marked as Exhibit EFCC 2A- 2B respectively.

“That investigation also revealed that the plots of land were allocated in 2010 and the Certificate of Occupancy was issued in 2011.

“That all the above stated payment/transfers/purchases had no contract award backing it up whatsoever and as such was reasonably suspected to be fraudulent payments and an illegal dissipation of the nation’s resources”, he added.

However, in her counter-motion, Mrs. Jonathan and the Board of Trustees of the Foundation, argued that EFCC’s application was an abuse of court process.

She said it was filed “to overreach the Fundamental Human Rights suit pending before this court in suit no. FHC/CS/586/2017, filed by one of the trustees of Ariwabai Aruera Reachout Foundation, against the said EFCC, with respect to the assets/properties of the said Ariwabai Aruera Reachout Foundation, sought to be forfeited by the EFCC through the instant ‘Exparte Originating Summons”.

In a six-paragraphed affidavit that was deposed on her behalf by one Chinedu Maduba, Mrs. Jonathan told the court that the NGO was founded in 2006 when she was the first lady of Bayelsa state, in conjunction with other trustees.

“That the said NGO was registered as a charitable organization and in the last 10 years, it has carried out several charitable programmes, in line with its objectives. Some of the programmes include vocational training for women, treatment of people with heart and kidney problems within the country and abroad, as well as assisting less priviledged generally.

“That recently, the Respondent herein began to harrass Mrs. Patience Jonathan, her relatives and the NGO, by indiscriminately freezing their accounts, even without court order, breaking into their properties, sealing off the NGO’s properties without an order of court. That the actions of the Respondent led to the filing of a Fundamental Human Right suit against the Respondent by Mrs. Patience Jonathan”, the deponent added