Court issues order to EFCC over freezing of Fayose’s account

The Economic and Financial Crimes Commission, EFCC has been ordered by a Federal High Court sitting in Ado Ekiti to appear before it on July 4 to show why the personal bank accounts of the governor of Ekiti State, Ayodele Fayose should not be unfreezed.

Trial judge, Justice Taiwo Taiwo, made the order on Tuesday after listening to an ex-parte motion brought by the governor through his lawyer, Mike Ozekhome, SAN.

It would be recalled that the EFCC had frozen the personal account of the Governor, his companies and that of his associates on the allegation that N1.3 billion out of the N4.7bn meant for arms procurement were traced to the accounts.

A former Minister of State for Defence, Senator Musiliu Obanikoro, was alleged to have cordinated the sharing of the money.

Fayose through Ozekhome, approached the court on Tuesday through an ex parte order seeking a mandatory order to freeze the accounts pending the determination of his interlocutory application.

Read also: FG plans to use EFCC in plot to impeach me, Fayose alleges

He also sought the leave of the court for the service of the originating summons of the substantive suit on the respondents, EFCC and Zenith Bank, in their various addresses outside the jurisdiction of the court.

Ozekhome contended that the anti-graft agency does not have the power to freeze anybody’s account without a valid court order.

However, while ruling on the application, Justice Taiwo said the Applicant/Plaintiff (Fayose) should put the respondents on notice.

He said: “I quite agree that the court can make a mandatory order in extreme cases. There is no doubt there are triable issues before the court, more so when the applicant is a sitting governor.

“I quite agree that the applicant has immunity pursuant to provisions of the Constitution, but it is glaring that what the applicant is looking for is a mandatory order to undo what had already been done.

“In this case, it is noted by the court that the reliefs sought by the applicant are better granted during the interlocutory injunction. I don’t think any court will abdicate his duties. I have restrained from going into the merit of the case because the originating summon has yet to be heard and should not be preempted.

“I hereby order the first and second respondents to appear before this court on why the order being sought should not be granted.

“For the avoidance of doubt, the prayer is not refused but put in abeyance pending when the respondents would appear before the court on July 4 to show cause why it should not be granted.

“The respondent should file a counter affidavit before July 4 and if possible, the motion will be heard on same day.”

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