The absence of Justice Mojisola Olatoregun of the Federal High Court, Lagos, stalled proceedings on the application filed by the Economic and Financial Crimes Commission (EFCC), seeking permanent forfeiture of $5.7million belonging to wife of former President Goodluck Jonathan, Patience.
No judge of the court’s Lagos Division sat on Wednesday.
They were said to be in Abuja for a valedictory session for former Chief Judge of the Federal High Court, Justice Ibrahim Auta, held on Tuesday.
The court on May 22 suspended proceedings in the case.
Justice Olatoregun stayed proceedings pending the outcome of an appeal challenging the money’s temporary forfeiture.
The EFCC is praying the court to order that the cash be permanently forfeited to the Federal Government.
The judge, on April 26, made an interim order forfeiting the money based on the EFCC’s application.
Justice Olatoregun had also ordered the temporary forfeiture of N2,421,953,522..78 found in an Ecobank Nigeria Limited account numbered 2022000760 in the name of La Wari Furniture and Baths Limited.
The Commission said the money also belongs to Mrs. Jonathan.
Mrs. Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), said he filed an application for stay of proceedings pending the appeal’s determination.
Counsel for La Wari Furniture and Baths, Chief Mike Ozekhome (SAN), added that once an appeal had been entered, the lower court ought to stay proceedings.
Citing several judicial authorities and Court of Appeal Rules, Ozekhome said it would amount to disrespect for court hierarchy for the judge to proceed with the case where there was a pending appeal.
Justice Olatoregun held that it would be in the interest of justice to await the Court of Appeal’s decision.
“I have seen the hearing notice issued by the Court of Appeal. I believe it will be in the interest of justice for parties to vent their views at the Court of Appeal.
“I will, therefore, adjourn this case until 20th of September,” she added.
Mrs. Jonathan, in the notice of appeal, is praying the court to hold that the law cited by the EFCC in its ex-parte application for the temporary forfeiture was inapplicable.
A new date of November 23 has been fixed for hearing of the case.