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The Economic and Financial Crimes Commission (EFCC) was not represented in court on Thursday for the hearing of the suit filed by Chief Mike Ozekhome (SAN), a human rights lawyer, seeking to vacate the order granted to the commission to freeze his firm's account.
Justice Abdulazeez Anka of the Federal High Court in Ikoyi, Lagos, however, ordered that a hearing notice be issued to the EFCC, stating that the commission still has time within the law to respond to the matter.
"They're entitled to seven days. Their time has not lapsed. Let's give them their time. So we'll give them seven days," he said.
The EFCC had approached the court for a freeze order on Mr. Ozekhome firm’s account with Guaranty Trust Bank (GTB). Justice Anka granted the application on February 7, 2017 and ordered a temporary forfeiture of N75m found in the GTB account.
Subsequently, Mr. Ozekhome filed a counter application challenging the freeze order obtained by the EFCC. However, when the matter came up in court today, the EFCC was not represented.
Mr. Ozekhome said his suit was filed on February 14 and that the EFCC was served on February 20, according to the proof of service.
The Lagos based lawyer said he asked for the earliest date for hearing “because of the urgency of the case.”
According to the application, Mr. Ozekhome is requesting an order discharging and vacating forthwith the interim ex-parte order of forfeiture given to the anti-graft agency.
Mr. Ozekhome claimed that the EFCC did not disclose to the judge the fact that Justice Taiwo O. Taiwo of the Federal High Court in Ado, Ekiti had unfrozen Ekiti State Governor Ayodele Fayose’s account before he transferred N75 million to Mike Ozekhome’s chamber’s account.
He said as at the time Mr. Fayose transferred N75m to his chamber’s account, there were no court processes filed or served on the applicant, indicating that the EFCC was on appeal and there was not any application asking the court to stay the execution of the order to unfreeze Fayose’s account.
The human rights lawyer said the rules regulating ex-parte applications were blatantly violated by the EFCC in obtaining the order, adding that the EFCC's application was filed in bad faith. He added that the commission did not comply with statutory and judicial authorities in obtaining an interim order vide motion ex-parte.
The SAN alleged that the application was brought because of his “strong and uncompromising stance against some of the obnoxious anti-masses policies of the present administration and the judicial victories he has so far secured against the EFCC in different courts in Nigeria.”
According to him, the action is unconstitutional and contravenes the provision of sections 36, 37 and 41 of the 1999 Constitution.
“The interest of justice demands that these prayers be granted as it will ensure that the Applicant and his family, staff, associates, livelihood, dependants and business do not suffer untold and irreparable damages,” Mr. Ozekhome said.
Mr. Ozekhome claimed the N75m was part-payment of legal fees from the Ekiti State governor.
BY SAHARA REPORTERS
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