BEVERLY HILLS, April 03, (THEWILL) – Justice Abdulazeeez Hanka-led Federal High Court in Lagos on Monday described the freezing of the Chamber’s account of human rights lawyer, Chief Mike Ozekhome SAN, by the Economic and Financial Crime Commission, EFCC, as diabolical.
This was as it lifted the order barring the senior advocate from accessing his Guaranty Trust Bank, GTB, account into which the Ekiti State Governor, Ayodele Fayose paid N75m as part of his professional fees for eight cases the lawyer is currently handling for the governor, his friends and aides.
The Economic and Financial Crimes Commission, EFCC, had on February 7, 2017, obtained an interim order stopping Ozekhome from withdrawing from the N75m on the grounds that it formed part of proceeds of alleged criminal activities by Fayose.
The anti-graft agency claimed that the N75m which Fayose paid to Ozekhome was part of the N2.26bn arms procurement funds, which a former National Security Adviser, Col. Sambo Dasuki (retd.), allegedly looted.
The EFCC said it has traced N1.22bn out of the N2.26bn, which Dasuki allegedly looted, to Fayose.
On this ground, Justice Abdulaziz Anka had on February 7 frozen Ozekhome’s account for 120 days.
Dissatisfied with the freezing, Ozekhome approached the court urging the court to vacate the interim order. In his application, the senior advocate contended that the action of the EFCC was unconstitutional, had no legal justification and was a gross violation of sections 36, 37 and 41 of the 1999 Constitution.
In a ruling on Monday, Justice Hanka, wondered what right EFCC has to freeze a lawyer’s professional fees, despite it being paid from a court-ordered defrozen account, adding that he cannot sit on appeal over the judgement of justice Taiwo who defreezed the account, nor over the proceedings of the Court of Appeal to which EFCC has since appealed.
The judge agreed with the submissions of Ozekhome, who appeared for himself, and dismissed the submissions of EFCC Counsel, Mr Rotimi Oyedepo.
Vacating his earlier order obtained ex parte by the EFCC on February 7, 2017, he held that a party against whom an ex parte order has been made is perfectly entitled to have the order vacated and that such dues not amount to shielding his client from prosecution.
The court also held that there is evidence that the payment of the professional fees was not proceeds of crime or of money laundering.
After reviewing all submissions and authorities cited, the judge said he found sufficient grounds to reject the EFCC’s counter-affidavit, including the fact that Ozekhome had already dissipated the N75m which the EFCC sought to stop him from touching.
He then ordered that the attached account be defrozen and made operational immediately.
