An
appeal by the EFCC for a stay of execution of an order to defreeze the
governor's accounts has been dismissed by a Federal High court.
Governor Ayodele Fayose
The Federal High Court, sitting in Ado-Ekiti, Ekiti State capital,
has dismissed an Appeal filed before it by the Economic and Financial
Crimes Commission (EFCC) for Stay of Execution of the judgment delivered
on December 13, 2016 ordering the EFCC to defreeze the governor’s
accounts, reports DailySun.
The EFCC had on June 21, 2016 frozen Governor Fayose’s two accounts
with Zenith Bank, alleging that they were proceeds of crime from the
arms funds allegedly siphoned by former National Security Adviser (NSA),
Col. Sambo Dansuki.
However, Fayose challenged the EFCC through his legal team, led by
constitutional lawyer, Chief Mike Ozekhome, who challenged the legality
of the anti-graft’s seizure of his funds and attempt to investigate him
while he remains a sitting governor.
Justice Taiwo Taiwo of the court, on December 13, 2016 ruled
against the EFCC on grounds that the anti-graft agency’s actions ran
foul of Section 308 of the Nigerian Constitution as amended in 1999
which accords immunity to a sitting governor. He therefore ordered the
agency to un-freeze the governor’s accounts with immediate effect.
Fayose then withdrew N5 million out of his money from the accounts two days after the ruling.
EFCC’s lead counsel, Rotimi Oyedepo, while reacting to the ruling,
filed a motion for stay of execution of the ruling of December 13, 2016
to among other reasons, allow the anti-graft agency preserve the funds
in the accounts.
Responding to EFCC’s appeal, counsel to Fayose, Bimpe Olatemiju had
sworn to a counter affidavit praying the court to dismiss the EFCC’s
appeal.
Justice Taiwo of the court who dismissed the EFCC’s appeal, on
Tuesday, said the appeal was made in bad faith and gave other reasons
for the court’s ruling as; “Court is functus officio, the EFCC
application was instituted in bad faith, the initial suppression of
facts brought in judgment of other Courts on the issue, no prove of
facts that Appeal have been entered, proceed of crime not a subject
matter in the substantive suit, the matter was not instituted as a
criminal suit, court can not go on voyage of discovery to Fitch for fact
to grant equitable remedy when the Respondent averted that he has
defendants and ready to refund the money if found liable at trial after
his tenure. 8. Can not stay a judgment already executed and the whole
exercise in freezing the governor’s accounts amounts to breach of the
provisions of Section 308, 1999 CFRN(amended).”
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