Mr. Mike Ozekhome (SAN), Governor Ayodele Fayose’s lawyer, has approached the Federal High Court, Ado Ekiti yesterday, seeking the court to order the de-freezing of Fayose’s account.
Ozekhome noted that EFCC’s action contravened section 308 of the Constitution, which guarantees immunity on any sitting governor in Nigeria. He argued that the EFCC has no power to freeze Fayose’s account without a valid court order as he cited the case of Nyako vs EFCC.
Justice Taiwo Taiwo said that although Fayose is granted immunity as a sitting governor based on the provisions of the constitution, it is however clear he wants a mandatory order to undo what had already been done.
He (Justice Taiwo) ordered the EFCC & the Zenith Bank to appear before the court on 4th of July to explain why the order being sought by Governor Fayose should not be granted.
“I quite agree that the court can make a mandatory order in extreme cases. There is no doubt there are triable issues before the court, more so when the applicant is a sitting governor. Justice Taiwo said as seen on Punch.
“I quite agree that the applicant has immunity pursuant to provisions of the constitution, but it is glaring that what the applicant is looking for is a mandatory order to undo what had already been done. He continued.
“In this case, it is noted by the court that the reliefs sought by the applicant are better granted during the interlocutory injunction. I don’t think any court will abdicate it duties. I have restrained from going into the merit of the case because the originating summon has yet to be heard and should not be preempted.
“I hereby order the first and second respondents should appear before this court on why the order being sought should not be granted.”
“For the avoidance of doubt, the prayer is not refused but put in abeyance pending when the respondents would appear before the court on July 4 to show cause why it should not be granted.
“The respondent should file a counter affidavit before July 4 and if possible, the motion will be heard on same day.”