Federal High Court in Ado Ekiti has ordered that Governor Ayodele
Fayose’s accounts in Zenith Bank be defrozen with immediate effect.
The accounts were frozen by the EFCC in June, this year.
However, in his landmark judgment today, Justice Taiwo Taiwo described
the EFCC action as illegal, wrongful, unlawful and unconstitutional.
The judge said the EFCC action breached the governor’s fundamental
rights to fair hearing, as the commission did not make him a party to
the proceedings for the interim freezing of the account.
He said that the EFCC suppressed facts by not disclosing to the court
that granted the interim freezing order that the two accounts that
were frozen belonged to Governor who enjoys total constitutional
immunity.
Justice Taiwo also said that the EFCC did not provide any credible
evidence empowering it to carry out the freezing of the accounts using
Zenith Bank as a proxy, whereas, Zenith Bank is a mere custodian and
not the owner of the accounts, which evidence has shown belong to the
Governor.
The judge ruled that being a person covered fully by Section 308 of
the 1999 Constitution, no legal proceedings can be instituted against
Governor Fayose.
He also said that any law including some sections of the EFCC acts
like Sections 28, 31, and 44 that expropriate citizens rights must be
construed strictly and usually in favour of citizens whose properties
have been confiscated.
Governor Fayose’s Counsel, Mike Ozekhome (SAN), hailed the judgment,
describing the judge as courageous and firm.
He said the judge, by the judgement laid to rest all the abracadabra
of the EFCC in illegally, wrongfully, unlawfully and
unconstitutionally going about on a rampage freezing Nigeria citizens
accounts with reckless abandon.
Ozekhome also said that Justice Taiwo further restored the hope of
Nigerians in the judiciary as the last hope of the common man and
woman and the guardian sentinel of the civil rights, liberties and
freedoms of Nigerians.
