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.
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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