There was setback for embattled Ekiti State Governor, Ayo Fayose, again
on Monday as his attempt to de-freeze his personal account was rebuffed by the
Federal High Court, Ado Ekiti.
Fayose,
under investigation for his part in the infamous N4.7 billion slush funds from
the Office of the National Security Adviser (ONSA) under Col. Sambo Dasuki
(retd.), had gone to court to force the Economic and Financial Crimes
Commission (EFCC) to de-freeze the account domiciled with Zenith Bank Plc.
However, the
Court sitting in Ado-Ekiti on Monday refused to grant his prayers,
adjourning the case to September 30 with no indication that the situation would change when the court resumes.
adjourning the case to September 30 with no indication that the situation would change when the court resumes.
The EFCC,
appearing at the suit for the first time, also filed a counter-affidavit
against Fayose even as it submitted nine different exhibits to further
strengthen its case against the governor.
A Senior
Advocate, Mike Ozekhome appeared for Fayose while Rotimi Oyedepo appeared for
EFCC, the 2nd defendant. Oluwaseun Omotoso was counsel to the 3rd defendant,
Zenith Bank.
The governor
had approached the court seeking an order to de-freeze the account describing
the EFCC action as a violation of his rights.
In what
appears to be a sign of fresh trouble for Fayose at Monday's sitting, EFCC
counsel, Oyedepo, brought more exhibits to the court apart from the
counter-affidavits.
Oyedepo said:
"We received the order of the court on 29th June direction us to appear
and file counter-affidavit to show cause why the court should not set aside the
freezing directive on the account in the custody of the 2nd Respondent.
"We
have complied with Your Lordship's directive as a law-abiding agency by
timeously filing 10-paragraph counter-affidavit and with nine different
exhibits marked EFCC 01-EFCC 09.
"We
have served processes on the counsel of the Applicant and the counsel to the
2nd Respondent. We also received a Motion on Notice from the Applicant dated
23rd June 2016 wherein the Applicant is asking for an order lift suspension on
his account.
"We
have filed a counter-affidavits of 10 paragraphs with nine exhibits together
with written address served on counsel to the Applicant and counsel to the 2nd
Respondent.”
Replying,
Ozekhome said: "My lord, I was just served three minutes before the court
sitting started and I have not gone through the legal submission.
"Browsing
through them, I can see that virtually all the issues raised by EFCC were
issues never touched upon at all.
"We
don't want to be caught by the cul-de-sac of the Supreme Court order that
evidence note denied is deemed admitted.
"It is
only reasonable and proper that we be given the opportunity to traverse and
contradict every single thing they have alleged.
"That
automatically means an adjournment which they have foisted on us.”
Justice
Taiwo said the court would not be able to accommodate a short adjournment in
view of an impending official assignment later this week and the commencement
of annual vacation next week suggesting that a date after vacation will be
convenient.
In the
alternative, the judge explained that parties could take the case to any of the
three vacation judges expected to sit at Abuja, Lagos and Port Harcourt during
the period if they want the matter heard soonest.
Ozekhome
said he would not want the matter transferred to a vacation judge because the
action might be misinterpreted expressing the readiness of all parties to wait
till after vacation.
Consequently,
he adjourned to September 30 after due consultation with parties for hearing of
all pending applications, motions and the substantive suit.
The EFCC in
the course of its investigations uncovered how Fayose received funds for his
election two years ago from Dasuki’s NSA through former mionsiter, Musiliu
Obanikoro even though the governor has denied this, arguing that that
election was funded from a bank.
His
associates, who have been arrested by the anti-graft agency, have already
implicated him in their statements to the EFCC
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