EFCC Asks Court To Dismiss Ozekhome’s Application Over Frozen Account
The Economic and Financial Crimes Commission yesterday urged a Federal High Court in Lagos to dismiss the application filed by human rights lawyer, Chief Mike Ozekhome (SAN) challenging the temporary forfeiture of the sum of N75 million discovered in his Guaranty Trust Bank (GTB) account.
The EFCC in its counter-affidavit to Ozekhome’s Application also prayed the court not to lift the order freezing the lawyer’s account because the money in it are proceeds of crime.
The anti-graft agency specifically claimed that the money, which was paid to Ozekhome as legal fee by the Governor of Ekiti State, Ayodele Fayose, was part of the N2.26 billion arms procurement fund, which a former National Security Adviser, Col. Sambo Dasuki (retd.), allegedly looted.
It will be recalled that Justice Abdulazeez Anka had issued the order freezing Ozekhome’s account on February 7 this year followed an application to that effect by the EFCC.
But the lawyer had argued that the application for an order for interim attachment, forfeiture of his account was made in bad faith by the commission and that it did not comply with the statutory and judicial authorities in obtaining an interim order vide motion ex parte.
The SAN had contended 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.
However, in its counter-affidavit, deposed to by one of its prosecutors, Idris Mohammed, the EFCC claimed to have traced N1.22bn out of the N2.26bn Dasuki loot to Fayose.
The anti-graft agency claimed that Dasuki routed the money to Fayose through a former Minister of State for Defence, Musiliu Obanikoro.
The anti-graft agency stressed that though it had earlier secured an interim order from Justice Mohammed Idris of the Federal High Court in Lagos to freeze Fayose’s account, the governor, through Ozekhome, went before Justice Taiwo Taiwo of the Ado Ekiti Division of the Federal High Court to obtain an order to unfreeze the account.
The EFCC prosecutor said despite the fact that Fayose was aware that it had immediately appealed Justice Taiwo’s ruling, the governor still went ahead to dissipate part of the contentious funds, paying a sum of N75m to Ozekhome who helped him to secure Justice Taiwo’s unfreezing order.
The EFCC said Ozekhome ought to have “reasonably known that the N75m was transferred to him” from Fayose’s account, which the EFCC claimed was used to retain proceeds of crime and alleged kickbacks from some contractors in Ekiti State.
Justice Anka adjourned till March 7 for hearing all pending application
