Fayose again floors EFCC in court over his bank accounts

Ekiti State’s governor Ayodele Fayose has again overun the Economic and Financial Crimes Commission (EFCC) as a Federal High Court sitting in Ado- Ekiti, dismissed the agency’s appeal for a stay of the judgment ordering it to unfreeze the governor’s bank accounts.

Regardless of the immunity he enjoys as a governor, Fayose’s two accounts in Zenith Bank were frozen by the anti-graft agency on June 21, 2016, on allegations that the funds in the said accounts were traced to former National Security Adviser (NSA), Sambo Dasuki.

But Fayose challenged that action in court arguing that the funds in the accounts had no connection in any way to the former NSA’s office.

Adjudicating on the matter on December 13, 2016, the trial judge, Taiwo Taiwo, ruled against the EFCC, submitting that the anti-graft commission’s actions contravened Section 308 of the 1999 Nigerian Constitution as amended.

He therefore ordered the EFCC to, with immediate effect, unfreeze the accounts and Fayose following the court ruling, later withdrew N5million from the accounts.

However, the EFCC through its lead counsel, Rotimi Oyedepo, objected to the ruling and filed a motion for stay of execution of judgment.

Among other reasons he gave for filing the motion, was to allow the commission preserve the funds in the accounts.

Read also: Ekiti Assembly threatens to sue EFCC over Fayemi’s alleged N40bn fraud

But when the case was brought up, Justice Taiwo, dismissed EFCC’s appeal and held that the appeal was made in bad faith.

Taiwo ruled, “The ruling is functus officio, so the EFCC application was instituted in bad faith. Initially, there was a suppression of facts particularly in the way the plaintiff brought in judgment of other courts on the issue.

“If you examined critically, no proof of facts that appeal has been entered, and again, proceed of crime not a subject matter in the substantive suit, coupled with the fact that the matter was not instituted as a criminal suit.

“The court can’t go on voyage of discovery to fish for fact to grant equitable remedy when the respondent averred that he has defendants and ready to refund the money if found liable at trial after his tenure.

“The court can’t stay a judgment already executed and the whole exercise in freezing the governor’s accounts amounts is a breach of the provisions of Section 308, 1999 CFRN (amended).”

 

 

 

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