EFCC IS A BIG THIEF
Patience Jonathan
Ex-First Lady says EFCC is a big thief
Mrs Jonathan made the comment via a letter written to EFCC Chairman, Ibrahim Magu by her lawyers.
Former First Lady, Patience Jonathan has said that the Economic and Financial Crimes Commission (EFCC) is a big thief that’s trying to steal her money.
The EFCC has placed a restriction on 5 bank accounts containing $15 million which Mrs Jonathan has claimed is hers.
Four of the accounts were opened with company names by former aide to ex-president Goodluck Jonathan, Waripamowei Dudafa.
Mrs Jonathan made the comment via an open letter written to EFCC Chairman, Ibrahim Magu by her lawyers, FirstLaw Solicitors on Sunday, September 18.
The letter reads:
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
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.
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