The Federal High Court in Lagos on Monday lifted the order barring a Senior Advocate of Nigeria, Chief Mike Ozekhome, from accessing his Guaranty Trust Bank account into which he received N75m legal fee from the Ekiti State Governor, Ayodele Fayose.
The Economic and Financial Crimes Commission had on February 7, 2017, obtained an interim order stopping Ozekhome from dissipating the N75m on the grounds that it formed part of proceeds of alleged criminal activities by Fayose.
The EFCC 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 anti-graft agency claimed to have traced N1.22bn out of the N2.26bn, which Dasuki allegedly looted, to Fayose.
On that basis, Justice Abdulaziz Anka had on February 7 frozen Ozekhome’s account for 120 days.
Displeased, however, Ozekhome approached the court urging the court to vacate the interim order.
In a ruling on Monday, Justice Anka granted Ozekhome’s prayer and dismissed the counter-affidavit filed in opposition by the EFCC.
According to the PUNCH, the judge said though it was not in doubt that the N75m came from Fayose, Ozekhome could not be held liable because there was no restriction on Fayose’s account as of the time the N75m was paid to his law firm.
Justice Anka noted that the freezing order earlier obtained by the EFCC in respect of Fayose’s accounts had been lifted by Justice Taiwo Taiwo of the Federal High Court in Ado-Ekiti.
Justice Anka said he would not allow himself to be lured into sitting as an appellate judge over the counter-decisions of Justice Mohammed Idris who earlier froze Fayose’s accounts and Justice Taiwo who later unfroze the accounts.