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From Wole Balogun, Ado-Ekiti
Appeal Court sitting in Ado Ekiti, yesterday, dismissed an application filed by the Economic and Financial Crimes Commission (EFCC) for an injunction to restrain Ekiti State Governor, Ayodele Fayose, from operating his accounts in a second generation bank.
The court describing the application as lacking in merit.
“EFCC did not come with clean hands on the application for injunction it filed because it suppressed material facts.
“For example, a similar application the EFCC filed was earlier refused by Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti,” the court said
The court agreed with Fayose’s counsel, Mike Ozekhome (SAN), that the entire application filed by EFCC counsel, Rotimi Oyedepo, was unmeritorious.
On December 13, 2016, Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti had ordered the EFCC to unfreeze governor Fayose’ accounts, saying EFCC’s action was against due process and that the anti-graft agency did not follow laid down regulations in freezing the governor’s accounts.
EFCC had appealed the judgment of the Federal High Court and sought an injunction, restraining the governor from operating the accounts pending the determination of the appeal.
Dismissing the appeal yesterday, the Appeal Court, in a unanimous ruling delivered by Justice Fatima Akinbami, said the EFCC did not attach notice of appeal and the Federal High Court, Ado Ekiti judgment of December 13, 2016, which ordered the anti-graft agency to unfreeze the governor’s account that the EFCC appealed against.
The court also said the alleged intelligence report by the EFCC, which it claimed to have received concerning money purportedly paid into Fayose’s account by Senator Musiliu Obanikoro was not provided or attached for the court to see.
The Appeal Court agreed with Ozekhome that “Fayose, being a sitting governor, covered with immunity, under section 308 of the 1999 Constitution, as amended, as admitted by EFCC counsel, Rotimi Oyedepo, has not been shown to have been tried and found guilty by any court of law such as to tag his bank accounts as proceeds of crime.”
The Appeal Court also held that since the EFCC had admitted that N80 million had already been withdrawn from the accounts, saying Ozekhome was right to say that the act had already been completed and an injunction cannot be granted for act already completed.
Describing the judgment as another victory over tyranny, Ozekhome hailed the Judiciary for standing firm in protecting the rule of law in the country.
