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 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.”
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