Tuesday, 5 July 2016

Fayose's bank account remains frozen, as Court adjourns to Sept 30 (Details)

Ado-Ekiti- The Federal High Court
sitting in Ado-Ekiti on Monday, failed to order the unfreezing of two accounts belonging and operated by Governor Ayodele Fayose of Ekiti State with Zenith Bank, adjourning hearing in the case involving the governor and the Economic and Financial Crimes Commission, EFCC till September 30, 2016.

Justice Taiwo Taiwo adjourned the
case till September 30 on the
request of Fayose’s counsel, Chief
Mike Ozekhome (SAN), who
sought for adjournment to be able
to respond to issues raised by the EFCC in its reply to a motion on
notice dated 23rd June, 2016
wherein the applicant sought an
order lifting the restriction placed
on Fayose’s accounts with Zenith
bank .

The EFCC’s counter position was
supported with 10-paragraph
affidavits and a lone exhibit by the
EFCC counsel, Mr Rotimi Oyedepo.

Oyedepo argued further that the
EFCC had on the 29th of June
received an order of the court
directing the commission to appear and show cause why a mandatory order being craved by Fayose should not be granted to unfreeze the two accounts already restricted with the bank.

This was supported with 10-paragraph affidavit and nine exhibits marked EFCC 01 to 09,
adding that the plaintiff and the
2nd respondent had been duly

The Court had on June 28 ordered
the EFCC to appear before it and
show cause why Fayose’s
restricted accounts in Zenith bank
should not be lifted. Fayose had in an ex parte motion deposed to by Bimpe Olatemiju prayed the court to grant a mandatory order lifting the ban placed on the said accounts,
describing the EFCC’s action as an infraction and brazen infringement on absolute immunity conferred on Fayose by Section 308 of the 1999

While opening his defence at
Monday's proceeding, Oyedepo
said :
“We received the order of the court on the 29th of June, 2016 at our office in Lagos directing us to appear before your lordship for freezing of the accounts of the applicant in the custody of the 2nd respondent .

“We have complied with your
order as a law abiding agency by
filing all necessary papers and the
plaintiff and the second respondent have been duly served”, he said.

Ozekhome, who confirmed the
service of the papers, pointed out
that he was served three minutes
to the start of the hearing, which
he said had foreclosed his
readiness to argue the case on point of law.

“My lord, I was served three
minutes to the start of today’s
hearing . But glancing through
this bulky document, virtually all
the issues raised were issues we
never touched upon. “We don’t want to be caught by
the cul de sac of the Supreme
Court’s averment that evidence
not denied are deemed admitted,
because it is a trite law. “It is only reasonable and proper
that we have given the
opportunity to traverse everything
they have raised and argue and
with this, they have foisted an
adjournment on us”, he said.

Adjourning the suit till September
30, 2016, Justice Taiwo assured that all the pending applications and the substantive suit will be
taken together expeditiously. The Judge, who broke the news
of his vacation, which he said will
make it difficult for short adjournment , suggested to the
parties that the matter could be
transferred to a vacation Judge in Abuja and Port Harcourt to handle,
if the adjourned date seems afar,
which the plaintiff’s lawyer had
vehemently rejected.

Ozekhome said: “My lord, the
vacation Judge may find it difficult
to understand the background of
the issue. You are aware of everything and we are not in a
hurry. We will wait till you come back"


Read more: SkyNaija Blog

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