Socio-Economic Rights and Accountability Project (SERAP) has dragged the
Federal Government to the Federal High Court in Lagos asking the court for
“leave to apply for judicial relief and to seek an order of mandamus
directing and or compelling the Attorney General of the Federation and
Minister of Justice Abubakar Malami (SAN) to institute and undertake
criminal proceedings against former first lady Mrs. Dame Patience Jonathan
over $15m unexplained wealth frozen in four companies’ accounts.”
The organization is also asking the court “for such order or other orders
as the Honourable Court may deem fit to make in the circumstance.”
The suit with number FHC/L/CS/1318/2016 dated 23th September 2016 was
filed on behalf of SERAP by Adetokunbo Mumuni. SERAP’s suit is coming
against the background of the request last week by Mrs Jonathan for the
Economic and Financial Crimes Commission (EFCC) to defreeze her accounts
and offer her a public apology within 14-days.
SERAP’s suit brought under Order 34, Rules 1 (1) (a); 2, Rule 3 (1) and
(2) (a), (b) and (c) of the Federal High Court Rules, 2009 and Inherent
Jurisdiction of the Court reads in part: “The Attorney General of the
Federation has a duty to prosecute intentional illicit enrichment, that
is, a significant increase in the assets of a public official that he or
she cannot reasonably explain in relation to his or her lawful income.”
“By virtue of Section 174 of the 1999 Constitution of the Federal Republic
of Nigeria (as amended) the Attorney General of the Federation is
constitutionally empowered to institute and undertake criminal proceedings
against any person in Nigeria in respect of any offence created by or
under
any Act of the National assembly in superior courts in Nigeria.”
“The Attorney General of the Federation has failed, neglected and or
refused to institute and undertake criminal proceedings against Mrs. Dame
Patience Jonathan over $15m unexplained wealth frozen in her accounts.”
“Obedience to the rule of law by all citizens but more particularly those
who publicly took oath of office to protect and preserve the constitution
is a desideratum to good governance and respect for the rule of law. In a
democratic society, this is meant to be a norm; it is an apostasy for
government to ignore the provisions of the law and the necessary rules
made to regulate matters”.
“Mrs. Jonathan is a politically exposed person under anticorruption
standards. She is also covered under the definition of ‘public officials’
contained in the UN Convention against Corruption to which Nigeria is a
state party. Under article 2 of the convention, public officials include
Mrs. Jonathan or any other family members of the former President Goodluck
Jonathan who exercised official duties while he was president.”
“This matter is presently generating a lot of public concern and discourse
and is presently in the front burner of national discourse thus germane to
Nigerians and that the alleged crime is in our society at the moment
regarded so serious as to be a bother on daily life. By the nature of the
case, it ought to be heard urgently. It is in the interest of justice to
grant this application.”
SERAP is asking for:
A DECLARATION that the failure of the Respondent to institute and
undertake criminal proceedings against Mrs. Dame Patience Jonathan over
$15m unexplained wealth frozen in four companies’ accounts is
unconstitutional and unlawful as it contradicts and in conflict with the
duties and obligations of the Respondent under the 1999 Constitution of
the Federal Republic of Nigeria (as amended) and the Corrupt Practices and
Other Related Offences Act 2000
AN ORDER OF MANDAMUS compelling the Respondent to urgently institute and
undertake criminal proceedings against Mrs. Dame Patience Jonathan over
$15m unexplained wealth frozen in four companies’ accounts.
“Nigerian laws allow for criminal penalties and forfeiture if in the
course of an investigation there are reasonable grounds to believe that a
corruption offence has been committed, that is, the failure to explain the
origin of the $15m given present or past emoluments, and other relevant
circumstances.”
“By a letter dated 13 September, 2016, requested the Attorney General of
the Federation to urgently institute and undertake criminal proceedings
against one Mrs. Dame Patience Jonathan over $15m unexplained wealth
frozen in four companies’ accounts. But since the receipt of the letter,
and up till the filing of this suit, the Attorney General of the
Federation and Minister of Justice has so far failed, refused and/ or
neglected to institute and undertake criminal proceedings against Mrs.
Dame Patience Jonathan.”
“Mrs. Jonathan has admitted that the four accounts belong to her and that
she is the sole signatory to these accounts. The four Companies and their
directors have since pleaded guilty to the commission of the offence. The
fact that the $15m found in the four accounts belonging to Mrs. Jonathan
raises serious suspicion or at the very least a prima-facie case of
unexplained wealth/illicit enrichment, and imposes a duty on Mrs. Jonathan
to explain and justify the source(s) of the $15m.”
No date has been fixed for the hearing of the suit.