SAN FRANCISCO, September 25, (THEWILL) – The Socio-Economic Rights and Accountability Project (SERAP) has instituted a court action at the Federal High Court in Lagos asking the court for an order to ensure that former first lady, Mrs Patience Jonathan, is prosecuted over the $15m account issue.
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, 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 is seeking “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, filed on behalf of SERAP by Adetokunbo Mumuni, states that “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.”
Story by David Oputah
