Patience Jonathan asks court to dissolve SERAP

Patience Jonathan, former first lady, has sued the Socio-Economic Rights and Accountability Project (SERAP) for allegedly embarking on “a campaign of calumny” against her.

Patience accused SERAP of “using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15m (US) and ought to be prosecuted.”

She asked the court to “dissolve” the human rights group, saying it was unfit to continue existing as a corporate entity.

In September, SERAP had asked Abubakar Malami, attorney-general of the federation (AGF), to institute criminal proceedings against Patience within seven days.

Reacting to the $15m frozen in the account of four companies, which the first lady had claimed to be hers, SERAP had asked the AGF to act as a defender of public interest by exercising his powers under section 174(1) of the constitution.

Adetokunbo Mumuni, its executive director, the organisation had asked Malami to “take this step within 7 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty in this matter”.

SERAP made good its threat to sue the federal government, and Patience has now responded with a suit of her own.

Confirming the court action, Mumuni issued a statement on Thursday, saying: “On 18th October 2016 at about 3pm we received court papers dated 6th October 2016 from a bailiff.

“The papers indicate that one Union of Niger Delta Youth Organization for Equity, Justice and Good Governance suing for themselves and on behalf of Mrs Dame Patience Jonathan filed a suit number FHC/L/CS/1349/2016 before a Federal High Court in Lagos against SERAP.”

“The court papers also indicate a prayer for an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.

“The suit is seeking an order directing SERAP to stay all action and to desist forthwith from proceeding against Mrs Dame Patience Jonathan, with any process whatsoever, pending the hearing and determination of the Originating Summons. SERAP was also served a separate application to be joined in the suit number FHC/L/CS/1318/2016 earlier filed by SERAP against the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, over allegations of $15m unexplained wealth against Mrs Jonathan.”

SERAP rejected all “these misleading and entirely unfounded accusations”, and vowed to vigorously oppose the suit in court.

“SERAP will never, in the discharge of its mandates, succumb to any intimidation, harassment and attacks in any way, shape or form. We are now consulting with our lawyers and will be preparing shortly our defence in court,” Mumuni said.

“At no time did SERAP suggest or even hint that Mrs Jonathan was guilty of the allegations against her. On the contrary, what SERAP has said is that the fact that the $15m found in the four accounts belong to Mrs Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.

“To be sure, SERAP is not engaged in any campaign against Mrs Jonathan or any other politically exposed persons for that matter. Our suit was filed against the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and not Mrs Jonathan. It’s a joke to accuse SERAP of trying to coerce the Attorney General to perform his constitutional duty, as this is for the court to decide.”

“SERAP consistently strives to ensure that its human rights and accountability work meet international standards and the highest standards of analytical rigor devoid of bias or assumptions as to individual’s guilt. Mrs Jonathan should end her attacks on an NGO simply working to make the government function to improve the conditions of millions of marginalized and disadvantaged Nigerians.

“Our work is driven solely by the fundamental principles of justice, impartiality, solidarity, universality of human rights, transparency and accountability in the management of Nigeria’s resources and wealth. We believe that it is through action that we have taken in this matter that the government can be motivated to live up to its commitments and to meet the expectations of Nigerians for good governance, human rights and the rule of law.”

SERAP quoted the court papers it received from Mrs Jonathan and her group as reading in part: “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.

“SERAP’s action is blatant misuse of the processes of this Court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case.

“Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.”