A Federal high court in Ekiti has ordered officials of Zenith bank to unfreeze the accounts of Ekiti state governor, Ayodele Fayose. The presiding Judge, Justice Taiwo gave the judgement on Tuesday, on the grounds that the EFCC did not follow due process in ordering the suspension of the governor’s account.
Justic Taiwo added that the EFCC withheld facts by not disclosing to the court that granted the interim freezing order that the two accounts that were frozen belonged to a 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 finalised 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 finalised by saying that the judge had restored the faith of the common man in the Nigerian judiciary.