Dame Patience Jonathan, a former first lady of Nigeria, has described the Economic and Financial Crimes Commission, EFCC, as “a big thief” for freezing her accounts with Skye Bank containing more than $15 million in all.
Mrs. Jonathan, wife of immediate former
president, Dr. Goodluck Jonathan, is the subject of an EFCC
investigation regarding the source of the money but she has continued
maintaining her innocence — even though the four individuals
representing the companies linked with the alleged laundering have
pleaded guilty in court.
The companies – Seagate Property
Development & Investment Co. Limited; Pluto Property and Investment
Company Limited; Trans Ocean Property and Investment Company Limited and
Development Company Limited – pleaded guilty to conspiring to launder
$15 million.
Directors of the companies are domestic workers of Waripamowei Dudafa, Jonathan’s special adviser on domestic affairs.
The former first lady had previously clarified that the $15m was for her foreign medical bills and other private expenses.
But responding in an open letter to the
EFCC chairman released late Sunday night by her lawyers, FirstLaw
Solicitors, she said it would be “counter-productive and inimical to the
public interest” if the attorney general of the federation and/or the
EFCC heeds the “irresponsible calls” for her arrest and prosecution
“based on suspicion”.
On the freezing, her lawyers told
Ibrahim Magu: “Sir, instead of strict compliance with the above pattern,
as laid down by SECTION 36(6)(a) & (b) of the 1999 Constitution (as
amended), the EFCC went after our Client’s money by ordering a freeze
of her accounts. With all due respect, the EFCC is a BIG THIEF!”
THE FULL STATEMENT
1. By virtue of the Fundamental Rights
(Enforcement Procedure) Rules 2009, we are Solicitors to HER EXCELLENCY,
MRS. PATIENCE IBIFAKA GOODLUCK JONATHAN, the wife to the immediate past
President of the Federal Republic of Nigeria, HIS EXCELLENCY, DR.
GOODLUCK EBELE JONATHAN, GCFR. We shall hereinafter, refer to Mrs.
Patience Goodluck Jonathan as “OUR CLIENT.”
2. Our Client is a respected senior
citizen of international repute, a retired Permanent Secretary and the
immediate past First Lady of the Federal Republic of Nigeria. Our Client
is a law-abiding citizen who has never or at all been the subject of
any criminal and/or financial investigation, whether at home or abroad.
Accordingly, she has not been found guilty of any criminal conduct
throughout a sparkling public service career spanning over 35 years.
3. During the 5 years our Client served
as First Lady of the Federal Republic of Nigeria between May, 2010 and
May, 2015; she was the Initiator/Founder of the A. ARUERA WOMEN
FOUNDATION as well as the WOMEN FOR CHANGE INITIATIVE; both of which
Non-Governmental Organisations (NGOs) substantially contributed to the
35 per cent affirmative action for women in the country. Our Client is
the recipient of numerous local and international awards in recognition
of her untiring commitment towards uplifting the living standard of
women, children and the aged in Nigeria.
4. Sir, it is against this sterling and
meritorious background of our Client that we most respectfully, write to
draw your attention to the numerous breaches of the 1999 Constitution
(as amended) and the African Charter on Human and Peoples Rights
(Ratification and Enforcement) Act 2004 committed by the Economic and
Financial Crimes Commission (EFCC) in cause of the Commission’s illegal
and unlawful investigation of our Client for alleged money laundering.
These investigations have reportedly led to the freeze of our Client’s
accounts and led to untold consequences to our Client’s health and
wellbeing.
5. Firstly, the EFCC must realize that
the ECONOMIC AND FINANCIAL CRIMES COMMISSION (ESTABLISHMENT) ACT 2004 is
inferior in content and quality to both the 1999 CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA (AS AMENDED) and THE AFRICAN CHARTER ON
HUMAN AND PEOPLES RIGHTS 2004.
6. To that extent, it is trite law that,
where there is a conflict or an inconsistency between the EFCC ACT, on
the one hand; and the combined provisions of the 1999 Constitution (as
amended) and the African Charter on Human and Peoples Rights 2004, on
the other hand; the extant provisions of the 1999 Constitution (as
amended) and the African Charter on Human and Peoples Rights 2004 must
necessarily prevail to the extent of the said inconsistency.
7. However, we note, with regret, that
in the current matter involving the curious and bizarre investigation of
our esteemed Client, the EFCC under your watch has not only undermined
the 1999 Constitution (as amended) and the African Charter on Human and
Peoples Rights; the Commission has actually conducted itself in a most
desperate, despicable and arrogant manner. This is rather unfortunate.
8. Sir, one of the cardinal principles
enshrined in both Nigerian and African jurisprudence, is that of the
presumption of innocence which is guaranteed to all citizens, including
our Client.
9. Consequently, the SPECIAL POWERS of
the Commission as defined by SECTION 7(1) & (2) of the EFCC ACT 2004
to, among others, “cause investigations to be conducted into the
properties of any person if it appears to the Commission that the
person’s life style and extent of the properties are not justified by
his source of income,” is inconsistent with and contrary to the
mandatory requirement of SECTION 36(6)(a) & (b) of the 1999
Constitution (as amended), which states thus:
“Every person who is charged with a criminal offence shall be
entitled to – (a) be informed promptly in the language that he
understands and in detail of the nature of the offence; (b) be given
adequate time and facilities for the preparation of his defence;”
10. The necessary implication or import
of SECTION 36(6)(a) & (b) of the 1999 Constitution (as amended) is
that the EFCC’s so-called power to arbitrarily and unlawfully
investigate our esteemed Client and thereby, freeze her accounts with
total sum in excess of FIFTEEN MILLION US DOLLARS which are domiciled
with SKYE BANK PLC is NOT ABSOLUTE.
11. Sir, it is our Client’s brief that
there is no formal criminal complaint of economic and financial crime as
defined by the EFCC ACT 2004 written by any person or institution
against her which warranted the EFCC to freeze her accounts.
12. It is also our Client’s brief that
the EFCC failed to obtain a Court Order as required by SECTION 34 of the
EFCC ACT before her accounts were frozen.
13. It is our Client’s further brief
that, up until the writing of this Open Letter, she has not received any
formal invitation to appear before the Commission for questioning;
whereas her accounts domiciled with SKYE BANK PLC have since been frozen
by the Commission without recourse to her.
14. Sir, the argument put forward by the
Commission in the public domain that, “investigations are ongoing…Mrs.
Patience Jonathan shall be invited in due course,” are not only
vexatious and provocative. They constitute an outright violation and
rape of the fundamental right to fair hearing and ownership of property
as guaranteed to our Client by the 1999 Constitution (as amended) and
the African Charter on Human and Peoples Rights 2004.
15. Indeed, SECTION 36(6)(a) & (b)
of the 1999 Constitution (as amended), contains or laid down a sequence
or pattern of commencement of investigation which MUST BE FOLLOWED
STRICTLY, to wit:
a. Persons charged with a criminal offence must be informed in the language they understand and in detail of the nature of the offence;
b. Such persons must be given adequate time and facilities for the preparation of their defence; etc
a. Persons charged with a criminal offence must be informed in the language they understand and in detail of the nature of the offence;
b. Such persons must be given adequate time and facilities for the preparation of their defence; etc
16. Sir, instead of strict compliance
with the above pattern, as laid down by SECTION 36(6)(a) & (b) of
the 1999 Constitution (as amended), the EFCC went after our Client’s
money by ordering a freeze of her accounts. With all due respect, the
EFCC is a BIG THIEF!
17. We are very much aware of numerous
instances where EFCC used strong-arm tactics to dispossess hard working
Nigerians of their legitimately earned money; only to turn around to
brazenly and shamelessly loot the recovered loot. This is one of such
unfortunate instances. Clearly, it is a failed politically-motivated
attempt by the EFCC to steal our Client’s money using the cover of the
present political climate.
18. We are sufficiently convinced that
prebendal politics of the sort that smears the image and reputation of
former public office holders, together with that of members of their
families – which automatically, distracts from governance and slows down
the nation’s pace of development – is one of the major reasons for the
persistent and unrelenting politically-motivated attacks on our Client
who is extremely popular with Nigerian women, children and the aged.
19. We have rightly observed that each
time a new Government was sworn into office, political jobbers such as
the EFCC promptly mobilized themselves to throw mud, blackmail and/or
otherwise label members of the immediate past Government; all in a
desperate bid to accomplish or satisfy narrow and base political
interests to the detriment of the entire country. This disturbing
familiar pattern of unjustifiable, bankrupt and hollow harassment of the
nation’s former leaders is deplorable.
20. Our Client has unfortunately, come
under the vice grip and stranglehold of the cabal of political jobbers
who would not allow her concentrate on her private life in retirement.
Ironically, our Client’s most virulent critics and traducers come from
the human rights community in Nigeria which benefited immensely from her
husband’s fairly commendable human rights record, while he served as
President.
21. Notably, we recall that the Freedom
of Information Act 2015 was signed into law by former President Goodluck
Jonathan. The Criminal Justice Administration Law 2015 was also signed
into law by the former President. Needless to say, these extant laws
have strengthened Nigeria’s civil society to act effectively as the
nation’s “fourth arm of government.”
22. For the avoidance of doubt, it shall
be counter-productive and inimical to the public interest if the
Attorney General of the Federation and/or the EFCC heeded the
irresponsible calls to commence the arrest and prosecution of our Client
based on suspicion. If they did otherwise, they shall be violating the
extant provision of SECTION 174(3) of the 1999 Constitution (as amended)
which clearly prohibits criminal proceedings that were not in the
public interest. Besides, suspicion; no matter how strong it may seem;
cannot ground a conviction.
23. We hereby categorically and
emphatically state that, HER EXCELLENCY, MRS. PATIENCE IBIFAKA GOODLUCK
JONATHAN SHOULD BE LEFT ALONE!
24. Furthermore, there is no established
legal or political precedent for what the EFCC is currently doing to
our Client. How many former First Ladies in Nigeria have received the
Patience Goodluck Jonathan Treatment (PGJT) to have warranted the EFCC
to engage in the effrontery to freeze our Client’s accounts and subject
her to public opprobrium, ridicule and disgrace? This nonsense must stop
forthwith!
25. Consequently, we urge the EFCC to
de-freeze our Client’s accounts WITHIN 14 DAYS from today, September 18,
2016 and tender a public apology to our Client.
26. TAKE NOTICE; AND NOTICE IS HEREBY
GIVEN that if the EFCC fails, refuses and/or neglects to comply
accordingly, we shall file an action at the AFRICAN COMMISSION ON HUMAN
AND PEOPLES RIGHTS at The Gambia demanding FIVE BILLION NAIRA in
exemplary and punitive damages.
Yours faithfully,
FOR: FIRST LAW SOLICITORS (Legal Practitioners)
SIGNED:
TIMIPA JENKINS OKPONIPERE, ESQ.
Senior Partner
September 18, 2016
FOR: FIRST LAW SOLICITORS (Legal Practitioners)
SIGNED:
TIMIPA JENKINS OKPONIPERE, ESQ.
Senior Partner
September 18, 2016
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