Court dismisses EFCC’s case against Governor
The anti-graft agency filed for an injunction restraining Governor Fayose from operating his Zenith bank account.
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The EFCC had earlier blocked Fayose’s account following allegations that money meant for the purchase of arms was transferred to him.
However, on December 13, 2016, Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti ordered the anti-graft agency to unfreeze it.
Justice Taiwo said that the EFCC did not follow the laid down procedure to freeze the Ekiti Governor’s account.
In the ruling today, Justice Fatima Omoro Akinbami said the EFCC did not attach Justice Taiwo’s judgement.
The court also said “EFCC did not come with clean hands on the application for injunction it filed because it suppressed material facts, for example that a similar application the EFCC filed was earlier refused by Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti.”
The Appeal court also chided the EFCC for not attaching the intelligent report showing that Senator Musiliu Obanikoro transferred money to Fayose.
The Governor’s lawyer, Chief Mike Ozekhome (SAN) had earlier told the court that “Fayose, being a sitting governor covered with immunity under Section 308 of the 1999 Constitution as admitted by EFCC counsel, Rotimi Oyedepo, has been shown to have been tried nor found guilty by any court of law such as to tagged his bank accounts as proceeds of crime.”
Speaking on the ruling, Ozekhome said the EFCC should learn to carry out its operations in-line with the laws of the land.
The Senior Advocate of Nigeria (SAN) also described the Appeal court’s ruling as a victory over tyranny.
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