ESTHER Oba, an associate of former First Lady, Mrs. Patience Jonathan, yesterday, asked a Federal High Court in Lagos to set aside the order of interim forfeiture of the sum of $8.435,789.84million and N9.185, 327, 362 billion.
The funds are linked to former First Lady. Justice Mojisola Olatoregun had on April 19, this year, made interim order while granting an exparte application filed by the Economic and Financial Crimes Commission (EFCC) against Mrs. Jonathan, Esther Oba and some companies.
The companies named in the suit, marked FHC/L/CS/620/18, are Globus Integrated Service Limited; Finchley Top Homes Limited; AM-PM Global Network Limited; Pagmat Oil and Gas Limited and Magel Resort Limited.
The monies were said to be warehoused in some banks, include Skye Bank Plc, Diamond Bank Plc, and Stabic-IBTC and First Bank Plc.
After granting the order, Justice Olatoregun ordered EFCC to publish the order in a national newspaper, so that whosoever has interest in the slush money should approach the court within 14 days, to show cause why the monies will not be permanently forfeited to the Federal government.
At the resumed hearing of the matter yesterday, Oba, who was alleged to be instrumental in lodging the monies, asked for an order of the court setting aside the interim order of forfeiture.
She also asked the court for an order striking down the entire provisions of Section 17 of the Advance Fee Fraud and Other related offences Act 2006, for being inconsistent with Section 1, 36 (5), and 44 of the 1999 Constitution of Federal Republic of Nigeria (as amended).
Oba stated that the order was obtained by the EFCC concealing material facts or misrepresenting facts, and that the order made by the court without requisite jurisdiction and in breach of fair hearing provision of the constitution, the Evidence Act, and other statues.
Oba also further stated that there was no reasonable cause of action against her, and that the exparte motion was brought in bad faith, adding that the suit constitutes an abuse of court process.
The judge has adjourned the matter till June 18, for hearing of preliminary objections and motion to discharge the interim order of forfeiture.
