There was setback for embattled Ekiti State Governor, Ayo Fayose, again on Monday as his attempt to de-freeze his personal account was rebuffed by the Federal High Court, Ado Ekiti.
Fayose, under investigation for his part in the infamous N4.7 billion slush funds from the Office of the National Security Adviser (ONSA) under Col. Sambo Dasuki (retd.), had gone to court to force the Economic and Financial Crimes Commission (EFCC) to de-freeze the account domiciled with Zenith Bank Plc.
However, the Court sitting in Ado-Ekiti on Monday refused to grant his prayers, adjourning the case to September 30 with no indication that the situation would change when the court resumes.
The EFCC, appearing at the suit for the first time, also filed a counter-affidavit against Fayose even as it submitted nine different exhibits to further strengthen its case against the governor.
A Senior Advocate, Mike Ozekhome appeared for Fayose while Rotimi Oyedepo appeared for EFCC, the 2nd defendant. Oluwaseun Omotoso was counsel to the 3rd defendant, Zenith Bank.
The governor had approached the court seeking an order to de-freeze the account describing the EFCC action as a violation of his rights.
In what appears to be a sign of fresh trouble for Fayose at Monday's sitting, EFCC counsel, Oyedepo, brought more exhibits to the court apart from the counter-affidavits.
Oyedepo said: "We received the order of the court on 29th June direction us to appear and file counter-affidavit to show cause why the court should not set aside the freezing directive on the account in the custody of the 2nd Respondent.
"We have complied with Your Lordship's directive as a law-abiding agency by timeously filing 10-paragraph counter-affidavit and with nine different exhibits marked EFCC 01-EFCC 09.
"We have served processes on the counsel of the Applicant and the counsel to the 2nd Respondent. We also received a Motion on Notice from the Applicant dated 23rd June 2016 wherein the Applicant is asking for an order lift suspension on his account.
"We have filed a counter-affidavits of 10 paragraphs with nine exhibits together with written address served on counsel to the Applicant and counsel to the 2nd Respondent.”
Replying, Ozekhome said: "My lord, I was just served three minutes before the court sitting started and I have not gone through the legal submission.
"Browsing through them, I can see that virtually all the issues raised by EFCC were issues never touched upon at all.
"We don't want to be caught by the cul-de-sac of the Supreme Court order that evidence note denied is deemed admitted.
"It is only reasonable and proper that we be given the opportunity to traverse and contradict every single thing they have alleged.
"That automatically means an adjournment which they have foisted on us.”
Justice Taiwo said the court would not be able to accommodate a short adjournment in view of an impending official assignment later this week and the commencement of annual vacation next week suggesting that a date after vacation will be convenient.
In the alternative, the judge explained that parties could take the case to any of the three vacation judges expected to sit at Abuja, Lagos and Port Harcourt during the period if they want the matter heard soonest.
Ozekhome said he would not want the matter transferred to a vacation judge because the action might be misinterpreted expressing the readiness of all parties to wait till after vacation.
Consequently, he adjourned to September 30 after due consultation with parties for hearing of all pending applications, motions and the substantive suit.
The EFCC in the course of its investigations uncovered how Fayose received funds for his election two years ago from Dasuki’s NSA through former mionsiter, Musiliu Obanikoro even though the governor has denied this, arguing that that election was funded from a bank.
His associates, who have been arrested by the anti-graft agency, have already implicated him in their statements to the EFCC
Dasukigate: Ekiti People Rally For Anti-Graft War, Back EFCC Probe Of Fayose
Hundreds of Ekiti State Indigenes rallied on Monday in support of the Federal Government’s anti-corruption war, insisting that governor Ayodele Fayose must be made to face the law, if found guilty of fraud.
Shortly after the governor’s case against the Economic and Financial Crimes Commission (EFCC) at the Federal High Court, Ado Ekiti on Monday, a group of placard-carrying youths staged a protest few meters to the court declaring their support for the anti-corruption crusade of President Muhammadu Buhari and the EFCC crackdown on Fayose and his associates.
The protesters carried various placards, some of which read: Some of their placards read: "Buhari, We Support You", "Fayose Must Not Escape Justice", "We Say No To Dasukigate", "EFCC We Support You", "No Immunity for Impunity", "Let Us Kill Corruption Before It Kills Us", "No Absolute Immunity for Corrupt Governors", "Fayose Can't Be Above The Law", "Fayose Must Be Investigated".
Led by an activist, Sunday Asefon, the group said they came to demonstrate in support of the EFCC efforts to prosecute Fayose for alleged money laundering insisting that the governor must face the law for the alleged diversion of arms cash to fund his campaign.
They sang solidarity songs in Yoruba: "Ko si idariji fe ni to ba jale, ayafi ko lo sewon" which means "there is no forgiveness for anybody that steals, such an individual must go to jail."
Addressing reporters during the protest, Asefon said the action was to show solidarity with the EFCC in getting to the root of the alleged stealing of the arms cash saying whoever that is indicted must face the law.
Said Asefon: "We are here today to show solidarity with the EFCC to support the anti-corruption crusade of President Buhari whoever that is indicted must be tried in the law court no if found guilty must be punished according to the law of the land.
"We are in full support of the freezing of Fayose's account which we believe was timely at a time government workers are owed five months salaries and this man is saying there is no money.
"Last Monday, the governor instigated some students to protest against President Buhari and the EFCC which we have dissociated ourselves from. Every reasonable Ekiti person must support the move to recover the stolen funds.
"There is no immunity for impunity, imagine the governor richer than the whole state and we want the EFCC to continue with its war on graft and anybody found guilty must face the music," he added.
Fayose, who is claiming immunity, is under investigation by the EFCC for his part in the infamous N4.7 billion slush funds from the Office of the National Security Adviser (ONSA) under Col. Sambo Dasuki (retd.)
His personal accounts have been frozen by the anti-graft agency while his associates have also been arrested.
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