Court orders Malami to unfreeze, release bank accounts, Nigerian passport of ex-FUNAAB bursar

A Federal High Court in Abeokuta, the Ogun State capital, has ordered the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to unfreeze the bank account of former bursar of the Federal Univerisity of Agriculture (FUNAAB), Mr Moses Olusola Ilesanmi.

The court presided over by Justice Ibrahim Watila, on Tuesday, granted an exparte order restraining Malami from also withholding the Nigerian passport of Ilesanmi.

The former bursar had been discharged and acquitted by an Ogun State High Court presided over by Justice Olatokunbo Majekodunmi, sometimes in May 2018, over allegation of fraudulent conversion of FUNAAB property, stealing and abuse of office alongside the former pro-chancellor of the school and former vice-chancellor, Mr Adeseye Ogunlewe and Professor Olusola Oyewole respectively.

Majekodunmi, had in her judgement directed the Economic and Financial Crimes Commission (EFCC) to release the Nigerian passports and unfreeze the accounts of the trio.

However, the prosecutors who are being supervised by the Office of the Attorney General and Minister of Justice were yet to unfreeze the bank account of Ilesanmi and release his passport, relying on the Presidential Order No. 6 of 2018 which was promulgated in July 2018, after the charge against Ogunlewe, Olusola and Ilesanmi had been quashed and the accused discharged and acquitted.

Worried by the continued withholding of his Nigerian passport and freezing of his account, Ilesanmi, through his counsel, Adedamola Dire-Arimoro, approached the court, in an application filed and headlined “‘Notice of Consequence of Disobedience to Order of Court’ compelling the Attorney General to release Ilesanmi’s international passport and unfreeze his bank account as failure to obey the court order will amount to the Attorney General of the Federation being guilty of contempt of court and will be liable to be committed to prison.”

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The application filed by Ilesanmi reads: “That the respondent be and is hereby directed to remove and/or delete the name of the applicant listed as Number 104 in the First Schedule of the Presidential Executive Order No 6 of 2018.

“That the respondent is mandated and directed to vacate, unfreeze and/or remove the Post-No-Debt Order placed on the applicant’s bank account with the following particulars: Account Name – Moses Olusola Ilesanmi; Account Number – 0050906139 and domiciled bank – Guaranty Trust Bank.

“That the applicant is hereby granted unconditional and unrestricted access to his said bank account, the usage and operation of same.

“That an order directing the release of the applicant’s International Passport Number AO 563137 seized on the 2nd day of January 2010 at the Muritala Muhammed International Airport, Ikeja, Lagos pursuant to Presidential Executive Order No 6. 2018 is hereby granted.

“That there shall be the cost of Fifty Thousand Naira (N50,000) in favour of the applicant.”

The order of interim injunctions granted by Justice Watila also empowered Ilesanmi and his counsel, Dire-Arimoro, to allow for the substituted service of the order to any staff member of the Attorney General’s Office or paste it at the Federal Ministry of Justice in Abuja in the absence of Attorney General of the Federation to personally recieve the order.