The Federal High Court, sitting in Ado-Ekiti, has dismissed an appeal filed before it by the Economic and Financial Crimes Commission (EFCC) for Stay of Execution of the judgment delivered on December 13, 2016 ordering the EFCC to unfreeze Governor Fayose’s accounts.
Justice Taiwo Taiwo, the presiding judge, dismissed the appeal saying it was filed in “bad faith”.
The EFCC had on June 21, 2016 frozen Governor Fayose’s two accounts with Zenith Bank, alleging that they contained proceeds from the arms funds allegedly misappropriated by former National Security Adviser (NSA), Col. Sambo Dansuki (rtd).
Fayose had fought the case immediately and on December 13, 2016, the court ordered that the accounts be unfrozen. The EFCC filed a stay of execution on December 15, 2016 but the governor had already gone to the bank with the court judgement and made a withdrawal of N5m.
The judge said the court cannot stay action on a judgment that had been executed. He said: “Court is
“Court is functus officio, the EFCC application was instituted in bad faith, the initial suppression of facts brought in judgment of other Courts on the issue, no prove of facts that Appeal have been entered, proceed of crime not a subject matter in the substantive suit, the matter was not instituted as a criminal suit, court can not go on voyage of discovery to Fitch for fact to grant equitable remedy when the Respondent averted that he has defendants and ready to refund the money if found liable at trial after his tenure. 8. Can not stay a judgment already executed and the whole exercise in freezing the governor’s accounts amounts to breach of the provisions of Section 308, 1999 CFRN(amended).”