A human rights lawyer, Chief Mike Ozekhome (SAN), has asked the Federal High Court in Lagos to vacate an interim ex-parte order freezing his account by the Economic and Financial Crimes Commission (EFCC), The Guardian reports.
He sought an order restraining the Federal Government and the EFCC, whether by themselves, their operatives, agents, servants, and/or privies howsoever, from dealing in anyway and manner as to the operation or the proprietary rights of the ownership of the account.
The lawyer said the application for an order for interim attachment/forfeiture of his account was done in bad faith by EFCC, which he said, did not comply with statutory and judicial authorities in obtaining an interim order vide motion ex-parte.
According to him, the respondent allegedly suppressed material facts in obtaining the order; therefore, the action is unconstitutional as same offends sections 36, 37 and 41 of the 1999 Constitution as there was no legal justification for EFCC’s action.
Ozekhome, who said that the N75 million was part-payment of legal fees from Ekiti State Governor, Mr. Ayodele Fayose, has also filed an affidavit of urgency deposed to by a lawyer in his firm, Chimaobi Onuigbo, praying that the case be heard urgently.
He said as at the time Fayose transferred the money to his chambers’ account, there was no court processes filed or served on the applicant, indicating that the EFCC was on appeal, or asking the court to stay the execution of the order defreezing the governor’s account.
The motion to set aside the freezing order will be heard on February 23.
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