Fayose’s account remains frozen

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 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.”