The Federal High Court, Ado Ekiti, has
ordered that the Economic and Financial Crimes Commission (EFCC) and the
Zenith Bank must appear on Monday, July 4, to show cause why a motion
to de-freeze Governor Ayodele Fayose’s personal accounts with the bank
should not be granted.
Justice Taiwo Taiwo, while ruling in a
motion ex parte brought before his court by Fayose through his counsel,
Chief Mike Ozekhome, said the court also granted leave to the applicants
to serve the respondents forthwith at the addresses on the order
papers.
Justice Taiwo said: “I am of the opinion that this
mandatory order is better granted with the interlocutory order being
sought through an application pending before the court, because the
applicant has filed all papers to this effect. “I hereby order the
first and second respondents to appear before this honourable court on
July 4, and show cause why the order should be refused. This is not a
refusal of the order, I have not refused it, but I only put it in
abeyance, which I said without prejudice to what will be the position of
the respondents. “But a leave is granted for the service of the
defendants with the originating summons in their respective addresses as
contained on the order papers.”
Chief Ozekhome had pleaded with
the court to grant the motion to de-freeze the two personal accounts
belonging to Governor Fayose, saying the alleged illegal act by the EFCC
and the second respondent, Zenith Bank, had caused untold hardship to
his client. According to Ozekhome, Governor Fayose had gone to his
bank to withdraw some money, but was told he could not do so because
there was “an order from above.”
He added: “Fayose said but only
God is the one above and any order should come from Him. He said he
would remain in the bank until what happened to his account is explained
to him in black and white; why he cannot operate his personal account.
Hence, the letter which we present as exhibit A.”
He, therefore,
through an 18-paragraph affidavit deposed to by Bimpe Olamiju and filed
on June 24, asked the court to order, among other things, the
de-freezing of the account.
He also sought the leave of the court
for the service of the originating summons on the defendants in their
various addresses outside the jurisdiction of the court as contained on
the order papers, supported by 17-paragraph affidavit.
Delivering
his ruling, Justice Taiwo said he quite understood that the applicant
(Fayose) enjoyed immunity and that the court could adjudicate on this
matter as canvassed by the counsel for the plaintiff, but pointed out
that the relief he basically sought was a mandatory order of the court.
“I
quite agree that the applicant has immunity pursuant to provisions of
the constitution, but it is glaring that the application he is
requesting for is a mandatory order to undo what had already been done
and the court can’t abdicate its duty under this circumstance,” he said.
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