Alleged N75m Money Laundering: Court Unfreezes Ozekhome’s Account

Justice Abdulaziz Anka of the Federal High Court in Lagos yesterday lifted the restraining order placed on the Guaranty Trust Bank account of Chief Mike Ozekhome (SAN), stopping him from accessing the N75 million he received from the Ekiti State Governor, Ayodele Fayose.

Justice Anka , while ruling on an application brought by Ozekhome seeking to un-freeze the account, held that although it was not in doubt that the N75 million came from Fayose, the lawyer could not be held liable because there was no restriction on the governor’s account at the time the money was paid to his law firm.

It will be recalled that the judge had issued an order freezing Ozekhome’s account on February 7 this year followed an application to that effect by the Economic and Financial Crimes Commission (EFCC).

The anti-graft agency specifically claimed that the money, which was paid to Ozekhome as legal fee by Fayose, was part of the N2.26 billion arms procurement fund, which a former National Security Adviser, Col. Sambo Dasuki (retd.), allegedly looted from the federal government.

However, dissatisfied with the order, Ozekhome had filed an application  urging the court to vacate the interim order.

The lawyer had argued that the action of the EFCC was unconstitutional, had no legal justification and was a gross violation of sections 36, 37 and 41 of the 1999 Constitution.‎

In his ruling on Monday, Justice Anka held that the freezing order earlier obtained by the EFCC in respect of Fayose’s accounts had been lifted by Justice Taiwo Taiwo of the Federal High Court in Ado Ekiti.

The judge stated that he would not allow himself to be lured into sitting as an appellate judge over the counter-decisions of Justice Mohammed Idris who earlier froze Fayose’s accounts  and Justice Taiwo who later un-froze the accounts.

He held that,”There is no argument whatsoever as to the source of the funds as rightly argued by the learned counsel for the EFCC, Mr. Rotimi Oyedepo, but the question is: can the respondent/applicant be liable for any  infraction as of the time he received the amount in his account?

“His evidence was not controverted that the same proceeds were unencumbered as of the time they were transferred into the account of Mike Ozekhome Chambers as rightly argued by Chief Mike Ozekhome.

“The Federal High Court sitting in Ado Ekiti, Taiwo J, ordered that the unfreezing of the said account belonging to Governor Ayodele Fayose.

“Considering the order above quoted and the depositions, I do not understand or comprehend why the applicant/respondent’s counsel, Mr. Rotimi Oyedepo, would still argue and stand his ground that the same account has not be unfrozen by the Federal High Court sitting in Ekiti State.

“In both the order and the depositions, the account, numbered 1000312625, was evidently and manifestly unfrozen, such an argument, therefore, by Mr. Oyedepo Esq cannot hold water,” Justice Anka maintained.

The court further held that he found sufficient grounds to reject the EFCC’s counter-affidavit, including the fact that Ozekhome had already dissipated the N75 million which the EFCC sought to stop him from touching.

The judge also held, “From the circumstances and facts as outlined above, my decision is based on the following considerations: considering the fact that the source of the fund of the respondent/applicant is derivable from an unencumbered account; considering also the fact that such account has also been unfrozen via the order of the Federal High Court sitting in Ado Ekiti.

“Considering also that the amount has been dissipated; put into consideration also was the fact that the funds are monies paid for the services rendered by the respondent/applicant in prosecuting various actions before various courts..I find it very doubtful if the objection of the EFCC can be lawfully sustained.”