Justice Nnamdi Dimgba of the Federal High Court, Abuja, held yesterday that the temporary order of attachment granted in relation to some identified assets of Ekiti State Governor Ayo Fayose did not violate Section 308 of the constitution.
The judge said the intention of the immunity clause granted to some public office holders is not to shield them from investigation by security agencies for the purpose of obtaining evidence for future uses.
Justice Dimgba gave the ruling yesterday on an application by Fayose, whose lawyer Mike Ozekhome (SAN), had sought to vacate the order of interim attachment granted by the court on July 20 to the Economic and Financial Crimes Commission (EFCC).
The order was in relation to the EFCC’s investigation of some activities of the governor and some of his associates.
The affected property to which the order relate, include four sets of four-bedroom apartments at Chalets 3, 4, 6 and 9, Plot 100, Tiaminu Savage, Victoria Island, Lagos.
Also affected are at 44 Osun Crescent, Maitama, Abuja and Plot 1504 Yedzeram Street, Maitama Abuja.
The EFCC had, while seeking the order, stated in an affidavit accompanying its motion ex-partethat the properties were acquired through proceeds of fraud, which Fayose allegedly got through kickbacks from contractors and other alleged fraud.
It stated that the funds used for the purchase of the properties were said to be drawn from the sum of N1, 219,490,000, which was said to be part of the N4, 745,000,000, allegedly stolen from the treasury of the Federal Government through the Office of the National Security Adviser.
In his application filed on notice on July 21, Ozekhome hinged his request for the court to set aside the order of interim forfeiture on 10 grounds.
He argued that the court lacked jurisdiction to entertain and/or proceed to grant the interim order
EFCC right to seize Fayose’s assets – Court
Reviewed by Link Naija