Justice Taiwo Dismisses EFCC's Appeal Against The Re-Activation Of Gov. Fayose's 2 Zenith Bank Account

Ekiti State Governor Fayose scores another point against the Buhari led administration, this time, for his case Against the EFCC who on June 21, 2016 had placed a restriction of Mr Fayose’s two Zenith bank accounts for embezzled funds in connection with former National Security Adviser, Sambo Dansuki. Gov Fayose maintained that the funds in his account had nothing to do with the NSA Funds. 

It can be recalled that after he took the case to court, a Judge on December 13, 2016, ordered the immediate re-activation of his 2 accounts and all case dropped, a decision the EFCC appealed, and now, a Federal High Court Judge from Ado-Ekiti division, has dismissed the appeal filed by the Economic and Financial Crimes Commission, for a stay of that judgment delivered. 

Justice Taiwo, while dismissing the appeal on Monday, held that the appeal was made in bad faith.

“The ruling is ''functus officio'', so the EFCC application was instituted in bad faith. Initially, there was a suppression of facts particularly in the way the plaintiff brought in judgment of other courts on the issue,” he said.

“If you examined critically, no proof of facts that appeal has been entered, and again, proceed of crime not a subject matter in the substantive suit, coupled with the fact that the matter was not instituted as a criminal suit.

“The court can’t go on voyage of discovery to fish for fact to grant equitable remedy when the respondent averred that he has defendants and ready to refund the money if found liable at trial after his tenure.

“The court can’t stay a judgment already executed and the whole exercise in freezing the governor’s accounts amounts is a breach of the provisions of Section 308, 1999 CFRN”