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Tag: Fayose’s account

You can’t freeze Fayose’s account, court tells EFCC

The Court of Appeal sitting in Ado-Ekiti, the Ekiti State capital, yesterday ruled that the Economic and Financial Crimes Commission (EFCC) cannot freeze Governor Ayo Fayose’s bank account.

The account was frozen a year ago, following allegation that it contained N2.999 billion out of the $3.2 billion suspected to have been distributed through the Office of a former National Security Adviser (NSA), Col. Sambo Dasuki (retd).

But the account was unfrozen on December 13, last year, prompting Fayose to withdraw N5 million from it in Ado-Ekiti after the judgment was delivered.

The EFCC filed an appeal against the judgment on the grounds that the money was a proceed of crime.

The Appeal Court’s panel, comprising Justices Ahmad Belgore, Fatima Akinbami and Paul Elechi, unanimously held that the EFCC did not attach a notice of appeal.

It averred that the Ado-Ekiti Federal High Court’s verdict of December 13, last year, ordered the anti-graft agency to unfreeze the governor’s account, which the EFCC appealed.

The judgment, which was read by Justice Akinbami, said: “No valid appeal has been made against the judgment of the lower court, which unfroze the account. The judgment the EFCC was appealing against was not attached to this application.

“EFCC also failed to show sufficient evidence that the money in the account was a proceed of crime, as claimed. In doing this, we expect the EFCC to have shown evidence that the plaintiff has been tried for a criminal offence before, for it to assume that he can receive proceed of crime.

“We also found that there was suppression of facts to get the account frozen in the first instance. It was also noted that Governor Fayose, in line with Section 308, enjoys immunity and his personal account can’t be frozen.

“Having not done all these, as demanded by law and equity, those facts were facts that would assist in exercising the court’s discretion – either for or against – as it is an application that is predicated on discretion of the court. The application is hereby thrown out.”

June 21, 2017
Court orders EFCC, bank to lift restriction on Fayose’s account

A Federal High Court sitting in Ado-Ekiti, Ekiti State capital, has ordered Economic and Financial Crimes Commission (EFCC) and Zenith Bank to lift the restriction placed on two personal accounts of Ekiti State Governor Ayo Fayose.
The court set aside an order by a Federal High Court, Lagos, empowering the EFCC to freeze the two accounts
Delivering judgment in the suit by Fayose against the EFCC and the bank yesterday, Justice Taiwo Taiwo ordered the respondents, jointly or severally, to de-freeze the two accounts.
In the two-hour judgment, the court said the rights of the applicant had been unconstitutionally infringed upon, considering the circumstance of his office .
Fayose’s accounts were frozen on June 21. The EFCC claimed the money found in the two accounts was suspected to be proceeds of crime.
But the governor took the agency and the bank to court on June 26, in a suit filed through his counsel, Mike Ozekhome
The court condemned the restriction on the governor’s accounts by EFCC through a proxy, holding that it was wrong for EFCC to seize his two accounts in perpetuity without first investigating him or making him a party.
The court ruled that EFCC, like the police, was constitutionally empowered to investigate crimes allegedly committed by office holders, including those covered by Section 308, which grants immunity to governors.
However, it said under Section 308 of the 1999 Constitution, Fayose’s accounts could not be frozen under EFCC Act as long as he holds office.
The court, however, rejected Fayose’s request for an order of perpetual injunction against the respondents and declined to award N5 billion damages against them as prayed by the applicant.
The court held that the interim order obtained from Justice Mohammed Idris of a Lagos High Court on June 24 was fundamentally flawed on omission of the account holder.
The court described the action as a “suppression of fact to deceive the court” as the holder enjoys immunity.
Justice Taiwo held that his court could set aside the order and cited several authorities to buttress his position.
The judge held that EFCC did not follow due process by placing a restriction on Fayose’s accounts in a bid to preserve the “res” of the matter.
He said Section 34 of EFCC Act could not supersede Section 308 of the Constitution.
He said the first respondent (EFCC) could not freeze accounts of the applicant (Fayose) without putting him on notice.
The judge held: “While it is the position of the law that the court cannot jump into conclusion, the court is bound to protect the supremacy of the Constitution. All judges are expected to protect, preserve and defend the constitution.
“The applicant enjoys immunity under Section 308, he has the right to be heard before his property can be seized. Without hearing him, his constitutional right has been breached.
“The applicant is entitled to be heard before his property or money can be seized, doing otherwise will amount to denying him fair hearing and constitutional rights,” he said.
The EFCC’s lead counsel, Rotimi Oyedepo, was not in court.
Responding after the verdict, Ozekhome said the judgment proved the judiciary was alive, well and healthy.

December 14, 2016
Fayose’s account remains frozen

•Youths back anti-graft war •EFCC files counter-affidavit

EKITI State Governor Ayo Fayose again yesterday failed to have his personal bank account de-frozen as the suit he filed against the Economic and Financial Crimes Commission (EFCC) has been adjourned to September 30 by Federal High Court, Ado Ekiti.

The EFCC, which appeared in court against the suit for the first time, also filed a counter-affidavit against Fayose. It submitted nine exhibits to be relied on to prove its case against the governor.

A senior advocate, Mike Ozekhome, appeared for Fayose. Rotimi Oyedepo appeared for EFCC – the 2nd defendant. Oluwaseun Omotoso was counsel to the 3rd defendant (Zenith Bank).

The EFCC froze Fayose’s account over alleged money laundering to the tune of N1.2 billion believed to be part of the N4.7 billion slush funds from the Office of the National Security Adviser (ONSA) under Col. Sambo Dasuki (rtd).

The governor had approached the court, seeking an order to de-freeze the account. He described the EFCC’s action as a violation of his rights.

But there was more trouble for Fayose at yesterday’s sitting as the EFCC counsel brought more exhibits to the court apart from the counter-affidavits.

Oyedepo said: “We received the order of the court on June 29th, directing 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 filing10-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 June 23rd, wherein the applicant is asking for an order lifting suspension on his account.

“We have filed a counter-affidavit 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 won’t 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.

The judge suggested that a date after vacation would 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.

Justice Taiwo subsequently adjourned to September 30 in consultation with parties for hearing of all pending applications, motions and the substantive suit.

Shortly after the matter was adjourned, a group of placard-carrying youths staged a protest few metres to the court. They declared their support for the anti-corruption crusade of President Muhammadu Buhari and the EFCC crackdown on Fayose and his associates.

The protesters, who were led by an activist, Sunday Asefon, said they came to demonstrate in support of the EFCC efforts to prosecute Fayose for alleged money laundering.

They insisted that the governor must face the law for the alleged diversion of arms cash to fund his campaign.

Some of their placards read: “Buhari, we support you”, “Fayose must not escape justice”, “We say no to Dasukigate”, “EFCC, we support you”, “No immunity for impunity”, “Let us kill corruption before it kills us”, “No absolute immunity for corrupt governors”, “Fayose can’t be above the law” and “Fayose must be investigated”.

They sang in Yoruba, saying: “Ko si idariji fe ni to ba jale, ayafi ko lo sewon”, which means: “There is no forgiveness for anybody that steals. Such an individual must go to jail.”

Addressing reporters during the protest, Asefon said the action was to show solidarity with the EFCC in getting to the root of the alleged stealing of the arms cash.

He said whoever that is indicted must face the law.

“We are here today to show solidarity with the EFCC to support the anti-corruption crusade of President Buhari. Whoever that is indicted must be tried in the law court and if found guilty, must be punished according to the law of the land.

“We are in full support of the freezing of Fayose’s account, which we believe was timely at a time government’s workers are owed five months salaries and this man is saying there is no money.

“Last Monday, the governor instigated some students to protest against President Buhari and the EFCC, which we have dissociated ourselves from. Every reasonable Ekiti person must support the move to recover the stolen funds.

“There is no immunity for impunity; imagine the governor richer than the whole state and we want the EFCC to continue with its war on graft and anybody found guilty must face the music.”

July 5, 2016
Drama in bank as EFCC freezes Fayose’s account

Governor protests

‘Immunity can’t stop investigation’

When a big customer physically visits a bank – in these days of online banking – something must be amiss.

Other customers will make way for him and the staff will be on their toes.

That was the scene yesterday in Ado-Ekiti, the Ekiti State capital, when Governor Ayo Fayose defied the rain to visit a bank where he demanded his statement of account.

Told that his account had been temporarily frozen, His Excellency was enraged. He protested and vowed to stay put in the banking hall until the matter was resolved. He was still there at 6pm.

The bankers stood their ground – that the Economic and Financial Crimes Commission (EFCC) ordered that the account be frozen.

Fayose was huffing and puffing, screaming that he had immunity and would contest the freeze. The bankers remained unmoved.

The embattled governor, who spoke with reporters at the premises of the bank located on Secretariat Road, said the action was one of the moves against him by the All Progressives Congress (APC)-led Federal Government.

Fayose said: “I found out that the EFCC blocked my account and the accounts of some of my associates. I see this as illegal. If you want to fight corruption, fight corruption based on rule of law.

“I’m a sitting governor and under Section 308 of the 1999 Constitution I enjoy immunity.

“You must do anything you want to do within the ambit of law. This government has no respect for constitutional provisions. They should not be in a hurry; in 2018, I will be done. I will come to them myself. I have become a figure in this country that I have nowhere to go.

“This rascality of EFCC must stop. Did they not contest election? Where did they get the funds from? Is it because they are the sitting government?

“We will take every legal step to get things right; they can’t continue with this rascality. I’m not leaving this bank until they have given me a statement confirming that because on their system they said my account is restricted by the EFCC. They must put it into writing because EFCC under the law has no power to touch my property.

“It is not new. I fight everyday and God grants me victory everyday. They want to destabilise this state, they want to take the state at all cost and it is not going to be possible. I’m on ground. I’m not going to shy away for life, death or incarceration. They will not coerce me and take away my right,” he said.

Fayose’s personal account was frozen following clues on alleged “suspicious lodgments”, a top official of the anti-graft agency said last night.

The agency said the action was part of an ongoing investigation, adding that governors have no immunity against investigation.

Section 308 of the 1999 Constitution only confers immunity on governors and some public officers against prosecution, the official added.

Although there were allegations that the frozen cash was about N1.3billion, the EFCC said it might released the figure today as part of its findings.

EFCC spokesman Wilson Uwujaren told The Nation last night that Fayose cannot stop the anti-graft commission from doing its job.

Uwujaren said: “It is true that we have frozen Governor Fayose’s acount in connection with an ongoing investigation. We will soon release the details of our findings to the public.

“We froze the account because Fayose has no immunity against investigation.

“Let me clarify that the 1999 Constitution does not grant immunity to governors or public officers against investigation.

“The governors and others enjoying the immunity clause in Section 308 cannot be prosecuted. Therefore, Fayose cannot stop EFCC from doing its job.”

Asked if the amount in the Post No Bill ( PNB ) account was up to N1.3billion as being speculated, Uwujaren said: “Certainly, some amount was frozen in Fayose’s account but I cannot say the exact amount till tomorrow (today).”

A top official, who spoke in confidence, said: “It became necessary to freeze the account following clues on alleged suspicious lodgments.

“We will release the facts soon to Nigerians to appreciate the extent of our investigation.”

Fayose accused the EFCC of intimidating him and vowed not to succumb.

A statement by his Chief Press Secretary Idowu Adelusi and a broadcast relayed on the Broadcasting Service of Ekiti State (BSES) yesterday announced the freezing of the governor’s account.

The governor, who accused the President Muhammadu Buhari administration of running a “selective anti-corruption crusade”, alleged that the accounts of his political associates and followers were also frozen by the EFCC. But he did not give their names and details.

He also claimed that he was not informed that he had committed any offence before his account was frozen.

The governor accused some leaders of the APC and a prominent lawyer from the state of being behind the action.

June 21, 2016