Godwin Tsa, Abuja

The Federal High Court in Abuja yesterday struck down the N2 billion fundamental rights enforcement suit filed by the wife of former President, Dame Patience Jonathan, against the Economic and Financial Crimes Commission (EFCC).

Justice John Tsoho struck down the suit after holding that the former first lady could not sustain her claims that her fundamental rights had been violated by the anti-graft agency.

The court further held that the case was largely weakened by the position of the EFCC that investigation into the subject-matter of the case was ongoing.

On the issue of illegal entry into her home and those of her relatives raised by the applicant, Tsoho held that the evidence adduced was not sufficient to earn her the prayer.

“The applicant had based her allegation on unverifiable online publications.

“The EFCC denied the allegation and there is no strong evidence to show that EFCC raided her house or those of her relatives,’’ he said.

On the freezing of her accounts, the judge held that the EFCC had the statutory rights to investigate all suspected financial deals in the country.

“The respondent (EFCC) had alleged that humongous deposits were made into the applicant’s account and that some of the inflows were from government establishments.

“The anti-graft had satisfied the court when it averred that most of the deposits were proceeds of money laundering,’’ Tsoho said.

The judge held that Jonathan was not entitled to any of the reliefs she had sought having failed to place sufficient evidence before the court.

“Having made out this, I hold that the applicant is not entitled to any of the reliefs sought. Consequently, the applicant’s is hereby struck out”, Justice Tsoho held.

Patience Jonathan had, in her suit filed by her counsel, Ifedayo Adedipe (SAN), prayed the court to order EFCC to pay her the sum of N2 billion as general damages/compensation jointly and severally for the violation of her fundamental rights.

She wanted the court to declare that her incessant harassment by the EFCC through negative media publications, denigrating and degrading her person as corrupt, without any invitation by the Commission, trial or conviction by a court amounts to a violation of her rights under Section 37 of the 1999 Constitution of Nigeria.

The former first lady also prayed for a declaration that the indiscriminate freezing of her bank accounts and those of her relatives by the EFCC, under the guise of investigation of proceeds of crime, without any invitation or interrogation by the respondent (EFCC) is a violation of her rights to own property and to fair hearing guaranteed under Sections 44 and 36(1) of the 1999 Constitution.

She also prayed for “A declaration that the invasion, breaking into and ransacking of the applicant’s family property by the agents of the respondent in the absence of the applicant or any member of her family, while purporting to be executing a search warrant is a violation of the applicant’s fundamental human rights to private and family life guaranteed under the provisions of Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“A declaration that the incessant harassment of the applicant by the respondent on the ground of her political views expressed by reason of her being a member of the opposition party in Nigeria, is a violation of the applicant’s fundamental human right to freedom from discrimination, guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“An order of court restraining the respondent, whether by itself, its agents, privies or any person acting on its behalf from further violating the applicant’s fundamental rights adumbrated above.”