Tuesday 20 December 2016

Again, Governor Fayose Wins Another Landmark Judgment Against EFCC

Fayose

A Federal High Court sitting in Abuja, yesterday, ordered the Economic and Financial Crimes Commission, EFCC, to release all property belonging to Governor Ayodele Fayose of Ekiti State that were attached based on the order of the court made on July 20 and August 2, 2016,


The order was given by trial judge, Justice Nnamdi Dimgba while ruling on the application by Governor Fayose through his counsel Chief Mike Ozekheme, SAN. He brought the application after the EFCC had seized his property.

Explaining the ruling, Justice Dimgba noted that the interim orders which were made on July 20, and reaffirmed on August 3, were made to last for 45 days to enable EFCC carry out its investigations.

Justice Dimgba said the orders ought to elapse on September 3, but from the court record “no application was filed by the EFCC to extend the order.

“I hold that in the absence of an application to renew it, the interim attachment orders had elapsed on September 3.

“Consequently, all the attachments, seizure, forfeitures and occupation of the said property and accounts are nullity,” he ruled.

However, he stated that it would be a different matter if the EFCC still occupy the property based on the order of court of other jurisdiction.

Justice Dimgba blamed EFCC which obtained a similar order from Justice

Okon Abang court for not telling the judge they had obtained an order that elapsed on September 3, when they approached him on November 3.

“I do not agree with EFCC that Fayose motion is an academic exercise,” he further said.

Some days ago, Fayose had won a court order forcing the EFCC to unfreeze his accounts with Zenith bank plc.

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