Justice Mojisola Olatoregun of the Federal High Court, Lagos, had earlier on Monday adjourned the case to September 20, on the grounds that an application seeking for stay of proceedings had been filed before the appeal court.
Recall that following an ex-parte application by the Economic and Financial Crimes Commission (EFCC), the court had on April 26 issued an interim order for forfeiture of the sum of $5.8 million belonging to Mrs. Jonathan to the Federal Government, pending the determination of the motion on notice.
The decision according to the court was to enable any interested party to appear and show cause why the interim order should not be made final.
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However, counsel to the second respondent, Mike Ozekhome, had at the hearing today told the court to discontinue the hearing as proceedings have already been transferred to the Appeal Court.
“My attitude would have been that going by order 4 rules 10 and 11 of the Court of Appeal rules, this court ceases to have further jurisdiction to even entertain the motions of today,” said Mr. Ozekhome.
“The Appeal Court has said that it will amount to embarking on illegal judicial voyage since the appeal has already been entered in the appeal court.”
According to him “the entire proceedings of today will amount to illegality” as it was the Appellate court that will decide whether the application filed before it was right or wrong.
“There is an application pending before the court of appeal for stay of proceedings. It borders on judicial impertinence and an affront to the authority of the court of appeal” Mr. Ozokhome asserted.
Mr. Ozekhome further informed the court that the application of stay from the decision of this court have been entered by the court of appeal and fixed for hearing on the 5th of July 2017.
After hearing from Ozekhome the presiding judge, Justice Olatoregun adjourned the matter pending the hearing of the application filed before the appeal court.