Court Sets Aside 2016 Judgment, Freezes Fayose’s Personal Bank Account
Ekiti State Governor, Mr Ayoele Fayose’s personal account with the Zenith Bank Plc, was on Thursday ordered frozen by an Appeal Court sitting in Ado-Ekiti.
The appeal filed by the Economic and Financial Crimes Commission (EFCC) against Fayose’s victory at the Federal High Court, Ado-Ekiti in December, 2016 was allowed by the three-man panel led by Justice Joseph Ikyegh.
The judgment of the Federal High Court, presided over by Justice Taiwo O. Taiwo on December 13, 2016 which unfreeze Fayose’s two personal accounts with the bank was upturned by the Appeal Court.
The EFCC, according to the panel in its brief of appeal had convinced it that the accounts were used to keep funds suspected to be proceeds of crime.
“The appeal is meritorious, and having resolved all three issues agitated in the appeal in appellant’s favour that the appeal is hereby allowed.
“That the judgment delivered by Taiwo O. Taiwo of the Federal High Court, Ekiti Judicial Division on 13th of December, 2016 granting he claims of 1st respondent in suit No FHC/AD/CD27/2016 is hereby set aside.”
On Monday, the EFCC had filed an application before the court to adduce fresh evidence but the court turned down the motion.
The briefs of the parties in the appeal, the EFCC (the appellant) and Fayose (1st Respondent) and Zenith Bank (2nd Respondent) were adopted with the court adjourning to Thursday for judgment.
The EFCC in its brief argued that Fayose is a citizen of Nigeria and his accounts could be frozen if they are found to be used to hold proceeds of crime.
The Commission contended that the immunity enjoyed by the governor does not preclude his account from being frozen.
But counsel to Fayose, Chief Mike Ozekhome argued before the court that that EFCC Act in question actually states that the name and particulars of the accounts owner must be supplied with the number before it would be frozen.
On the foregrounds, Justice Taiwo vacated ordered that the governor’s accounts be de-frozen for suppression of facts by the EFCC.
Being aggrieved, the EFCC went to the court of Appeal and filed a motion for stay of execution of the ruling and proceeded to the main appeal.
During the trial of the case which began since Monday, April 16, the ex-parte order from Justice Idris in Lagos which was not produced before the Federal high court in Ado Ekiti before its ruling in favour of Fayose, was brought before the court of Appeal by the EFCC to further argue its case.
The Appeal court judgement in Ado Ekiti delivered cited Fawehinmi against SDP, which says in Section 308 that the sitting governor can be investigated only that he cannot be prosecuted or invited or interrogated and held that the matter can go on.
It also said that the fact that EFCC does not include those particulars of the governor and his names is not a suppression of fact.
The Appeal Court allowed the appeal and held that Fayose’s accounts which were unblocked by the Federal High Court be frozen.
