Justice Taiwo Taiwo of the Federal High Court, Ado-Ekiti has rejected the Economic and Financial Crimes Commission (EFCC’s) application for a stay of execution on an order asking it to unfreeze Governor Ayo Fayose’s account.
Justice Taiwo Taiwo on December 13, 2016, had ordered that the Zenith bank account of Fayose be unfrozen, describing it as a violation of the Governor’s rights.
The same Justice Taiwo rejected the application filed by the EFCC on Tuesday, January 31, 2017.
According to Punch, the Judge said “once a judgment is being executed, you cannot stay the execution again.”
He also said that the Governor enjoys immunity, adding that the identity of the person whose account is to be frozen was concealed.
Justice Taiwo said “A court of law does not embark on conjecture or guesswork as same can hardly produce a just and equitable decision. It is the duty of the applicant to provide materials upon which the court will grant the application.
“The matter was not instituted as a criminal suit, a court cannot go on a voyage of discovery to fish for facts to grant equitable remedy when the respondent averred that he had defendants and was ready to return the money if found liable at trial after his tenure.
The court cannot stay a judgment already executed and the whole exercise in freezing the governor’s accounts amounts to a breach of the provisions of Section 308 of the 1999 Constitution of the Federal Republic of Nigeria.
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“For the reasons earlier stated and the constitutional provisions referred to, I cannot but conclude that I find no merit in the application. The order being sought is hereby refused and the application is dismissed.”
“For the reasons earlier stated and the constitutional provisions referred to, I cannot but conclude that I find no merit in the application. The order being sought is hereby refused and the application is dismissed.”
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