You can’t freeze Fayose’s account, court tells EFCC

The Court of Appeal sitting in Ado-Ekiti, the Ekiti State capital, yesterday ruled that the Economic and Financial Crimes Commission (EFCC) cannot freeze Governor Ayo Fayose’s bank account.



The account was frozen a year ago, following allegation that it contained N2.999 billion out of the $3.2 billion suspected to have been distributed through the Office of a former National Security Adviser (NSA), Col. Sambo Dasuki (retd).

But the account was unfrozen on December 13, last year, prompting Fayose to withdraw N5 million from it in Ado-Ekiti after the judgment was delivered.

The EFCC filed an appeal against the judgment on the grounds that the money was a proceed of crime.

The Appeal Court’s panel, comprising Justices Ahmad Belgore, Fatima Akinbami and Paul Elechi, unanimously held that the EFCC did not attach a notice of appeal.

It averred that the Ado-Ekiti Federal High Court’s verdict of December 13, last year, ordered the anti-graft agency to unfreeze the governor’s account, which the EFCC appealed.

The judgment, which was read by Justice Akinbami, said: “No valid appeal has been made against the judgment of the lower court, which unfroze the account. The judgment the EFCC was appealing against was not attached to this application.

“EFCC also failed to show sufficient evidence that the money in the account was a proceed of crime, as claimed. In doing this, we expect the EFCC to have shown evidence that the plaintiff has been tried for a criminal offence before, for it to assume that he can receive proceed of crime.

“We also found that there was suppression of facts to get the account frozen in the first instance. It was also noted that Governor Fayose, in line with Section 308, enjoys immunity and his personal account can’t be frozen.

“Having not done all these, as demanded by law and equity, those facts were facts that would assist in exercising the court’s discretion – either for or against – as it is an application that is predicated on discretion of the court. The application is hereby thrown out.”