The Economic and Financial Crime Commission (EFCC) had filed an application asking court stay the execution of an order which had on April 6 unfrozen the account Patience Jonathan that had a balance of $5.9m.
Counsel for the EFCC, Mr. Rotimi Oyedepo, on Tuesday told Justice Mojisola Olatoregun of the Federal High Court in Lagos that the anti-graft agency was no longer appealing the order that unfroze the account.
Consequently, the former first lady’s lawyer, Mr. Ifedayo Adedipe, withdrew the application he filed against Skye Bank for contempt of court for denying Mrs. Patience Jonathan access to her account despite the order granting her access.
The judge had frozen the account and others allegedly linked to Mrs. Patience Jonathan last year after the EFCC filed an application claiming the funds in the accounts were suspected to be proceeds of crime.
The companies’ accounts were said to have balances amounting to N7.4billion; Oba’s was said to have $429,381.87 (about N131,712,634.09).
Adedipe had urged the court to defreeze the account on the ground that his client was not a party to the suit.
Citing judicial authorities, he contended that the suit was an abuse of court process as the court had no jurisdiction to make an order against a person that was not a party to a suit before it.
EFCC, it was learnt, did not file any response to the application to discharge the order.
Ruling, Justice Olatoregun upheld Adedipe’s submission and discharged the order freezing the account.
She made an order directing EFCC and Skye Bank to immediately unfreeze the account because all the claims in the plaintiff’s affidavit were not challenged or controverted.
The judge said although EFCC was served with the application to unfreeze the account, it filed no response to counter it.
“It is trite in law that an order cannot be made against any person who is not a party before the court. It was not controverted that Dame Patience Jonathan is not a party in the order obtained in this court.
“I hereby make an order unfreezing the Skye Bank account belonging to Dame patience Jonathan forthwith,” the judge said.