Court orders EFCC to hands off gov’s accounts

• We’ll appeal judgment, says anti-graft agency

From Wole Balogun, Ado-Ekiti

Ekiti State Governor, Ayodele Fayose yesterday floored the Economic and Financial Crimes Commission (EFCC) as a Federal High Court, sitting in Ado-Ekiti, ordered an immediate de-freezing of his accounts with a second generation bank, for violating the provisions of Section 308 of the Constitution, as amended.
In a two-hour judgment yesterday afternoon, Justice Taiwo Taiwo said his hands were tied by the oath of office he took to defend the constitution of the country in discharging his duty as a jurist, fundamentally to defend the constitution.
“Having regard to the provisions of Section 308 of the constitution of the Federal Republic of Nigeria, EFCC has no power to freeze the account of governor Fayose being a sitting governor,” he said.
Justice Taiwo however, failed to honour the prayers by lead counsel to Governor Fayose, Chief Mike Ozekhome, that an injunction restraining the EFCC from investigating the governor and award of damages for rubbishing his rights should be awarded.
Reacting to the freezing of Fayose’s accounts on June 24 at the court, Bimpe Olatemiju, lawyer to the governor had, in a 16-paragraph affidavit prayed the court to de-freeze the accounts of the governor withheld by the EFCC on premise that the EFCC’s Act contravened the provisions of Section 308 of the constitution.
Also, on June 28, Ozekhome moved a motion ex parte asking the court to set aside an order of ex parte obtained by the EFCC to freeze Fayose’s accounts, a perpetual injunction retraining the agency from investigating Fayose and monetary award of damages against EFCC compensating the governor for rubbishing his fundamental human rights.
Appearing for the EFCC, Rotimi Oyedepo on June 2, lead counsel to EFCC had countered Ozkhome’s claims, saying the EFCC froze the governor’s accounts because they were allegedly proceeds of crime and to prevent a further decapitation of the proceeds. He argued further that the agency has the right to continue investigation into Fayose’s dealing even as a sitting governor.
Reacting to the court judgment, Ozekhome said: The Judiciary is alive and well and healthy; as the last hope of the common man and woman, as the guardian sentinel at the door steps of the hapless and beleaguered. The Judiciary in Nigeria has always risen  to the occasion, even under successive military juntas in Nigeria during the locust years of the reign of tyranny and terror judiciary refused to blow muted trumpet.
“This court has been blind to the glaring sirens of power and decided to do justice according to law and facts adduced to you. This shows that we still have bold and courageous judges in this country.
In a swift reaction, EFCC said it will appeal the judgment.
Stating the position of the commission, its spokesman, Wilson Uwujaren, in a statement, pointed out that the order contradicted the ruling of a similar court of equal jurisdiction.
“It is important to point out that this order contradicts another order by Justice M. B Idris of the Federal High Court, Lagos which gave the commission the nod to freeze the accounts, pending the conclusion of investigation. This order from a court of coordinate jurisdiction was not set aside by Justice Taiwo,” the commission noted.
“The lesson the EFCC and other parties should learn from this judgment is that, no one is above the law. Indeed, that is the slogan of the EFCC. But they have been behaving so far as agents that is above the law.”