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| Ayo Fayose |
FEDERAL
High Court sitting in Ado-Ekiti has ordered the Economic and Financial Crime
Commission (EFCC) and Zenith Bank Plc to appear before it over the freezing of
the personal accounts belonging to the Governor of Ekiti state, Mr. Ayodele Fayose on July 4.
EFCC
was alleged to have ordered Zenith Bank to freeze Fayose’s personal account
numbers 1003126654 and 9013074033 following its investigation for alleged money
laundering running into N1.2 billion believed to be part of the $2.1 billion
arms fund diverted through the office of the former National Security Adviser,
Col. Bello Dasuki.
The
development has led to diverse interpretations by lawyers and the general
public on account of the immunity clause provided in section 308 of the 1999
Constitution of the Federal Republic of Nigeria, as amended...
Fayose
through his counsel, Chief Mike Ozekhome (SAN), had through an ex parte order
deposed to on June 24, by Bimpe Olatemiju sought a mandatory order unfreezing
the accounts belonging and operated by the plaintiff pending the determination
of his interlocutory application. Joined in the suit were the EFCC (1st
defendant) and Zenith bank (2nd defendant).
The
order was supported by 18-paragraph affidavit alongside a letter issued to
Governor Fayose by Zenith bank which substantiated the claim that the EFCC placed
a restriction order on the accounts.
Speaking
on the development, Ozekhome reportedly said the order was brought pursuant to
order 26 rule 8(1) of the Federal High Court Civil Procedure Rule 2009 and
Section 44(1) of the 1999 constitution which gives the court the discretionary
powers to adjudicate on such matter.
In
contention, Ozekhome cited the case of Abdulaziz Nyako Vs EFCC to support his
position that EFCC lacks power to freeze Fayose’s account without a valid court
order, adding that the action of the agency was a blatant violation of Section
308 of the constitution, which he said conferred absolute immunity on s sitting
governor against a civil and criminal prosecutions and therefore prayed to the
court to declare actions taken by the anti-graft agency unconstitutional, null
and void.
Delivering
his ruling, Justice Taiwo Taiwo, stated that he quite understood that the
applicant (Fayose) enjoys immunity and that the court can adjudicate on this
matter as canvassed by the counsel to the plaintiff, but he pointed out that
the relief he sought for was a mandatory order of the court.
“I
quite agree that the applicant has immunity pursuant to provisions of the
constitution, but it is glaring that the application he is requesting for is a
mandatory order to undo what had already been done and the court can’t abdicate
its duty under this circumstance.
“I
am of the opinion that this mandatory order is better granted with the
interlocutory order being sought through an application pending before the
court because the applicant has filed all papers to this effect.
“I
hereby ordered the 1st and 2nd respondents to appear before this honourable
court on July 4, 2016, and show cause why the order should be refused.
“This
is not a refusal of the order, I have not refused it, but I only put it in
abeyance which I said without prejudice to what will be the position of the
respondents.
“But
a leave is granted for the service of the defendants with the originating
summons in their respective addresses as contained on the order papers”, the
Judge ruled.
While
giving his submission, Ozekhome said Fayose was being persecuted for being a
lone voice against perceived arbitrariness of the President Muhammadu
Buhari-led government.
The
senior lawyer added that many of Fayose’s dependants, including his 76-year-old
mother, have been made to pass through untold hardship by freezing the accounts
of their benefactor and breadwinner.
Ozekhome
told the court to take cognizance of awarding cost against EFCC if the order is
eventually granted.
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