The Federal High Court, Ado-Ekiti, has summoned the Economic and
Financial Crimes Commission and the Zenith Bank Plc to show why an order
exparte to unfreeze Governor Ayodele Fayose’s accounts now before it
should not be granted.
Presiding judge, Taiwo Taiwo, gave Monday, July 4, 2016 for the EFCC
(1st defendant) and the bank (2nd defendant) to appear before him with
the necessary evidence.
Counsel to Mr. Fayose, Mike Ozekhome, had through an ex parte order,
deposed to by Bimpe Olatemiju, sought a mandatory order unfreezing the
accounts belonging to him pending the determination of his interlocutory
application.
He sought the leave of the court for the service of the originating
summons on the defendants in their various addresses outside the
jurisdiction of the court as contained on the order papers, supported by
17-paragraph affidavit.
Mr. Ozekhome said the order was brought pursuant to order 26 rule
8(1) of the Federal High Court Civil Procedure Rule 2009 and Section
44(1) of the 1999 constitution which gives the court the discretionary
powers to adjudicate on such matter.
Citing the case of Abdulaziz Nyako Vs EFCC, he argued that the
anti-graft agency had no power to freeze Mr. Fayose’s account without a
valid court order.
Mr. Ozekhome added the action was a flagrant negation of the Section
308 of the Constitution, which conferred absolute immunity on the
government against civil and criminal procedure.
He said it was appalling that the EFCC could play ostrich to these
valid constitutional requirements before taking the punitive stand
against Mr. Fayose, adding that these infractions had rendered the
action unconstitutional, wrongful, and null and void.
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PLEASE BE POLITE