Socio-Economic Rights and Accountability Project (SERAP) has dragged the
\nFederal Government to the Federal High Court in Lagos asking the court for
\n\u201cleave to apply for judicial relief and to seek an order of mandamus
\ndirecting and or compelling the Attorney General of the Federation and
\nMinister of Justice Abubakar Malami (SAN) to institute and undertake
\ncriminal proceedings against former first lady Mrs. Dame Patience Jonathan
\nover $15m unexplained wealth frozen in four companies\u2019 accounts.\u201d<\/p>\n
The organization is also asking the court \u201cfor such order or other orders
\nas the Honourable Court may deem fit to make in the circumstance.\u201d
\nThe suit with number FHC\/L\/CS\/1318\/2016 dated 23th September 2016 was
\nfiled on behalf of SERAP by Adetokunbo Mumuni. SERAP\u2019s suit is coming
\nagainst the background of the request last week by Mrs Jonathan for the
\nEconomic and Financial Crimes Commission (EFCC) to defreeze her accounts
\nand offer her a public apology within 14-days.<\/p>\n
SERAP\u2019s suit brought under Order 34, Rules 1 (1) (a); 2, Rule 3 (1) and
\n(2) (a), (b) and (c) of the Federal High Court Rules, 2009 and Inherent
\nJurisdiction of the Court reads in part: \u201cThe Attorney General of the
\nFederation has a duty to prosecute intentional illicit enrichment, that
\nis, a significant increase in the assets of a public official that he or
\nshe cannot reasonably explain in relation to his or her lawful income.\u201d<\/p>\n
\u201cBy virtue of Section 174 of the 1999 Constitution of the Federal Republic
\nof Nigeria (as amended) the Attorney General of the Federation is
\nconstitutionally empowered to institute and undertake criminal proceedings
\nagainst any person in Nigeria in respect of any offence created by or
\nunder
\nany Act of the National assembly in superior courts in Nigeria.\u201d<\/p>\n
\u201cThe Attorney General of the Federation has failed, neglected and or
\nrefused to institute and undertake criminal proceedings against Mrs. Dame
\nPatience Jonathan over $15m unexplained wealth frozen in her accounts.\u201d<\/p>\n
\u201cObedience to the rule of law by all citizens but more particularly those
\nwho publicly took oath of office to protect and preserve the constitution
\nis a desideratum to good governance and respect for the rule of law. In a
\ndemocratic society, this is meant to be a norm; it is an apostasy for
\ngovernment to ignore the provisions of the law and the necessary rules
\nmade to regulate matters\u201d.<\/p>\n
\u201cMrs. Jonathan is a politically exposed person under anticorruption
\nstandards. She is also covered under the definition of \u2018public officials\u2019
\ncontained in the UN Convention against Corruption to which Nigeria is a
\nstate party. Under article 2 of the convention, public officials include
\nMrs. Jonathan or any other family members of the former President Goodluck
\nJonathan who exercised official duties while he was president.\u201d<\/p>\n
\u201cThis matter is presently generating a lot of public concern and discourse
\nand is presently in the front burner of national discourse thus germane to
\nNigerians and that the alleged crime is in our society at the moment
\nregarded so serious as to be a bother on daily life. By the nature of the
\ncase, it ought to be heard urgently. It is in the interest of justice to
\ngrant this application.\u201d<\/p>\n
SERAP is asking for:<\/p>\n
A DECLARATION that the failure of the Respondent to institute and
\nundertake criminal proceedings against Mrs. Dame Patience Jonathan over
\n$15m unexplained wealth frozen in four companies\u2019 accounts is
\nunconstitutional and unlawful as it contradicts and in conflict with the
\nduties and obligations of the Respondent under the 1999 Constitution of
\nthe Federal Republic of Nigeria (as amended) and the Corrupt Practices and
\nOther Related Offences Act 2000<\/p>\n
AN ORDER OF MANDAMUS compelling the Respondent to urgently institute and
\nundertake criminal proceedings against Mrs. Dame Patience Jonathan over
\n$15m unexplained wealth frozen in four companies\u2019 accounts.<\/p>\n
\u201cNigerian laws allow for criminal penalties and forfeiture if in the
\ncourse of an investigation there are reasonable grounds to believe that a
\ncorruption offence has been committed, that is, the failure to explain the
\norigin of the $15m given present or past emoluments, and other relevant
\ncircumstances.\u201d<\/p>\n
\u201cBy a letter dated 13 September, 2016, requested the Attorney General of
\nthe Federation to urgently institute and undertake criminal proceedings
\nagainst one Mrs. Dame Patience Jonathan over $15m unexplained wealth
\nfrozen in four companies\u2019 accounts. But since the receipt of the letter,
\nand up till the filing of this suit, the Attorney General of the
\nFederation and Minister of Justice has so far failed, refused and\/ or
\nneglected to institute and undertake criminal proceedings against Mrs.
\nDame Patience Jonathan.\u201d<\/p>\n
\u201cMrs. Jonathan has admitted that the four accounts belong to her and that
\nshe is the sole signatory to these accounts. The four Companies and their
\ndirectors have since pleaded guilty to the commission of the offence. The
\nfact that the $15m found in the four accounts belonging to Mrs. Jonathan
\nraises serious suspicion or at the very least a prima-facie case of
\nunexplained wealth\/illicit enrichment, and imposes a duty on Mrs. Jonathan
\nto explain and justify the source(s) of the $15m.\u201d<\/p>\n
No date has been fixed for the hearing of the suit.<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government to the Federal High Court in Lagos asking the court for \u201cleave to apply for judicial relief and to…<\/p>\n","protected":false},"author":1,"featured_media":53164,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-53443","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n