A constitutional lawyer, Chief Mike Ozekhome (SAN), has asked the Federal High Court in Lagos to vacate the interim order freezing his account with Guaranty Trust Bank Plc.
Ozekhome, in a motion on notice filed on February 14, 2017, prayed the court for an order restraining the Economic and Financial Crimes Commission (EFCC) from dealing in anyway and manner whatsoever and howsoever as to the operation or the proprietary rights of the ownership of the said account.
He based his application on the ground that EFCC’s application for an order for interim attachment/forfeiture of the said account was done in bad faith.
The anti-graft agency, he said did not comply with statutory and judicial authorities in obtaining an interim order vide motion ex parte.
The action of the EFCC in obtaining the order, Ozekhome noted was based on suppression of material facts, describing it as unconstitutional and for offending the provisions of Section 36, 37 and 41 of the Constitution.
He pointed that there is no legal justification whatsoever for the actions of the EFCC.
He said his family, staff dependants, associates, business and livelihood will greatly suffer, and are already suffering and will continue to suffer irreparable damage if the blockade or freezing of the account is not lifted immediately.
He said the application and the subsequent order were based on non compliance with the rules of the court and judicial authorities regulating the grant of ex-parte application.
“The entire application leading to the grant of the interim order ex parte amounts to forum shopping and was calculated to overreach and did in fact overreach the Applicant since the issue of whether or not the funds in Governor Fayose’s account from which the N75 Million was posted to Mike Ozekhome’s Chambers GT Bank account is suspected proceed of crime is currently on appeal as filed and entered by the self same Counsel to the Respondent herein, Mr Rotimi Oyedepo Iseoluwa.”
An affidavit deposed to by Chimaobi Onuigbo a lawyer in Mike Ozekhome’s Chambers averred that, “Chief Ozekhome knows as a fact that the earlier ex parte interim order made by Justice M.B. Idris of the Federal High Court, Lagos, which was open-ended and not time-lined, lapsed after 14 days.
“The Governor of Ekiti State, Ayodele Fayose, thereafter applied to the Federal High Court, Ado-Ekiti, to set aside the said order and defreeze the said accounts. Whether the said ex parte order was properly granted, or was obtained through suppression of material facts before Justice Idris were issues canvassed fully before the Federal High Court, Ado-Ekiti, presided over by Justice Taiwo O. Taiwo, before the court delivered its Judgment.
“That he knows as a fact that it is only a court of competent jurisdiction that can pronounce someone guilty of a crime or an offence, none of which has yet happened to Governor Fayose who enjoys immunity, and this issue was also fully canvassed before Justice Taiwo, sitting at the Ado Ekiti Federal High Court, before he delivered his judgment.
“That till date, no court of competent jurisdiction in Nigeria has ever tried, let alone finding Fayose, Musiliu Obanikoro, the Former Minister of State for Defence, Col Mohammed Sambo Dasuki (rtd), the former National Security Adviser, and Abiodun Agbele, guilty of any fraud, conspiracy, proceeds of crime, money laundering or any offence howsoever, such as to conclude as done by the applicant before this court and also before Justice Taiwo, of the Federal High Court, Ado Ekiti, that the funds in Fayose’s accounts are suspected proceeds of crime or based on money laundering.”
He further averred that Chief Ozekhome’s Chambers has handled and is still handling several matters for Governor Fayose, his friends and aids on the Governors instructions.
The affidavit opined that on December 13, 2016, Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti, in Suit No FHC/AD/CS/27/2016, Ayodele Fayose v. EFCC and Zenith Bank Plc, in one of the cases being handled for Ayodele Fayose, by Ozekhome delivered a judgment in Fayose’s favour and ordered the EFCC to immediately defreeze and make Fayose’s account with Zenith Bank, the 2nd defendant in the matter operational.
That, when Fayose’s account was defrozen by the judgment of Justice Taiwo O. Taiwo, delivered on 13th December, 2016, Ozekhome asked the governor to make a deposit of at least N100 million, as part payment for all the cases he is handling for him, his friends and aides.
The governor then paid the sum of N75 million into Mike Ozekhome’s Chambers’ account, domiciled with GTBank adding that, at the time of payment of the said professional fees, there was no court order declaring the money in Fayose’s account to be suspected proceeds of fraud, or money laundering.
He said EFCC (respondent) failed to serve the ex parte order on Mike Ozekhome’s Chambers or Chief Ozekhome, as provided for by the Rules of the Court, to enable him take steps where necessary, to vacate same.
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