The Court of Appeal in Ado Ekiti the capital of Ekiti State on Tuesday dismissed an application filed by the Economic and Financial Crimes Commission (EFCC) to restrict the Governor of Ekiti State, Mr. Ayodele Fayose, from operating his Zenith Bank account.
The court stated that EFCC suppressed certain facts including the fact that a Federal High Court in Ado-Ekiti had refused same application.
“EFCC did not come with clean hands on the application for injunction it filed because it suppressed material facts, for example that a similar application the EFCC filed was earlier refused by Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti”.
Consequently in a unanimous judgment delivered by Justice Fatima Omoro Akinbami of the Appeal Court on Tuesday, the EFCC did not provide substantial report which it claimed to have received concerning the money allegedly paid into the governor’s account by a former minister of state for defence, Senator Musiliu Obanikoro.
The court also agreed with Chief Mike Ozekhome, a senior Nigerian lawyer who is representing the governor, that Fayose’s account cannot be labeled as proceed of crime since he has not been tried nor found guilt by any court of law.
The Court of Appeal told EFCC that it does not embark on speculation because the intelligence reports purportedly received by the anti-graft concerning the money in Fayose’s account were mere speculations.
Ozekhome hailed the judiciary for standing firm against what he described as EFCC hiding under anti-corruption fight to commit illegalities in Nigeria.