The ruling followed an appeal filed by the Economic and Financial Crimes Commission (EFCC) against the judgment Justice Taiwo Taiwo of Federal High Court, Ado Ekiti division.

The 2016 judgement

Justice Taiwo had in 2016 set aside an order of a Federal High court in Lagos empowering the EFCC to freeze two Zenith Bank accounts of Fayose.

The court had asked the anti-graft agency to immediately lift the freeze order on the two accounts of the governor, saying the Commission did not follow due process.

The judgement was delivered by Justice Taiwo in a suit filed by Fayose through his lawyer, Mike Ozekhome.

The judge said the EFCC  infringed upon the rights of the governor.

Justice Taiwo had declared that apart from the immunity which Fayose currently enjoys as a sitting governor under section 308 of the constitution, it was wrong for EFCC to freeze his two accounts in apparent perpetuity without first investigating him or making him a party.

The judge also said Fayose is "a genuinely deprived person who rushed to the court to seek constitutional protection".

"The plaintiff is entitled to be heard before his property or money can be seized; doing otherwise will amount to denying him fair hearing and constitutional rights," the judge had said.

Justice Taiwo, however, refused to grant other reliefs sought by Fayose, such as a perpetual injunction restraining EFCC or its agents from further tampering with his property and the payment of N5billion as exemplary damages.