A Federal Excessive Courtroom sitting in Ado Ekiti has ordered the Financial and Monetary Crimes Fee to instantly unfreeze the accounts of the Ekiti State Governor, Ayodele Fayose.
Saying the motion was in opposition to due course of, Justice Taiwo Taiwo stated the anti-graft company didn’t observe the laid down laws in freezing the accounts.
Justice Taiwo gave the order whereas delivering judgment in a swimsuit filed by Fayose by way of his lawyer, Mr. Mike Ozekhome (SAN).
The fee had frozen Fayose’s accounts after allegedly tracing N4.7bn from the workplace of the Nationwide Safety Adviser to the accounts.
The governor had approached the court docket by an ex parte order in search of a compulsory order de-freezing the accounts however the courtroom ordered that the respondents be positioned on discover.
Delivering judgment within the swimsuit on Wednesday, Justice Taiwo mentioned the EFCC’s motion breached the governor’s basic rights to truthful listening to, because the fee didn’t make him a celebration to the proceedings for the interim freezing of the account.
He stated it was additionally the obligation of any presiding choose to guard the structure and its interpretations every time the necessity arose.
Justice Taiwo described Fayose as “a genuinely disadvantaged one who rushed to the court docket to hunt constitutional safety.”
“The plaintiff is entitled to be heard earlier than his property or cash might be seized, doing in any other case will quantity to denying him truthful listening to and constitutional rights.”
The choose agreed with Ozekhome that the EFCC suppressed information by not disclosing the identification of the plaintiff (Fayose) to the court docket that granted the interim freezing order that the 2 accounts that have been frozen belonged to a governor who enjoys whole constitutional immunity.
Apart from, he acknowledged that the EFCC didn’t present any credible proof empowering it to hold out the freezing of the accounts.
The decide declared that being an individual lined totally by immunity beneath Part 308 of the 1999 Structure, no authorized proceedings may very well be instituted in opposition to Fayose.
“I hereby give a compulsory order directing the respondents collectively or severally to right away de-freeze, unblock and make operational each accounts belonging to the applicant,” the decide stated.
Nonetheless, the EFCC has faulted the order urging it to elevate the restriction positioned on Fayose’s financial institution accounts.
The EFCC mentioned in a press release by its spokesman, Mr. Wilson Uwujaren, that the order which was delivered by Justice Taiwo Taiwo was at variance with one other order given by Justice M. B Idris, granting the EFCC permission to freeze Fayose’s accounts.
The fee stated it could enchantment the judgement quickly.
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