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DAME MRS. PATIENCE IBIFAKA JONATHAN v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-43505(CA)

In The Court of Appeal of Nigeria

On Friday, the 12th day of January, 2018

CA/L/578/2017


Before Their Lordships

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria


Between

DAME MRS. PATIENCE IBIFAKA JONATHAN - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the propriety or otherwise of the grant of an interim order of forfeiture.
FACTS:
This is an Appeal against the decision/Ruling of Hon. Justice C. M. A. Olatoregun of the Federal High Court, Lagos Judicial Division.

On 26/04/2017, the 1st Respondent as Applicant in the trial Court filed a Motion Ex-Parte in which the Appellant and the 2nd Respondent were named as parties praying for an order of forfeiture of monetary property in Account No. 2110001712 Domiciled in SKYE Bank PLC in the name of Dame Patience Jonathan AND Account No. 2022000760 Domiciled in ECOBANK NIGERIA LIMITED in the Name of LA WARI FURNITURE AND BATHS LIMITED pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14 of 2006.

The said Motion Ex-Parte for an Order of Interim Forfeiture was brought under Section 17 of the Advance Fee Fraud and other Fraud Related Offences Act No. 14 2006, Section 44 (2) (K) of the Constitution of Federal Republic of Nigeria 1999 (as amended) and under the inherent jurisdiction of the Court
The said 1st Respondent's Applicant's Motion Ex-Parte was supported by Affidavit in support, Exhibits and Written Address.

On the said 26/04/2017, the learned trial Judge granted the 1st Respondent's Applicant's prayers on the Motion Ex-Parte and fixed 15/05/2017 as return date.

Dissatisfied with the decision of the Court, the Appellant filed this appeal.

ISSUES:
The following issues for determination were resolved in the appeal:
i. Whether Section 17 of the Advance Fee Fraud and other Related Fraud Offences Act No. 14 of 2006 is constitutional and the order granted there upon is valid.
ii. Whether the learned trial Judge exercised her discretion rightly in granting an order of interim forfeiture, against the money in the Appellant's Skye Bank Account, having regard to the materials supplied in the Respondent's affidavit in support of the motion for interim forfeiture.

DECISION/HELD:
The appeal was dismissed for lack of merit.


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