The Economic and Financial Crimes Commission (EFCC) has gotten the approval of a federal high court in Abuja to place an embargo on the assets of Ayo Fayose, Ekiti state governor, up until August 3.
The court had on July 20, given the anti-graft agency permission to seize property belonging to Fayose, pending the completion of an ongoing investigation.
On Tuesday, the court validated the order of interim forfeiture which is to last for 45 days, according to a report by Punch.
Justice Nnamdi Dimgba of the federal high court, ruled that the order was not in violation of provisions of Section 308 of the 1999 Constitution, which gives a sitting governor, immunity from civil and criminal proceedings.
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“It is my considered opinion that the order of court, made on July 20, 2016, in respect of some property of the applicant, and within the limited scope and duration within which it was obtained, was duly procured and does not offend the provision of the Constitution referred to.
“Although Section 308 of the Constitution serves to isolate governors of states from the distraction of litigation and legal proceedings to enable them to attend to official responsibilities, it should not be interpreted in such a way as to defeat the fight against corruption, to mean that the EFCC or other investigating agencies cannot take a peep into the assets or personal accounts of a serving governor in the execution of a strictly worded and mutually supervised interim attachment orders for the purposes of obtaining evidence for use in future when the immunity has lapsed.”
The judge further ordered the EFCC to conclude its investigation within the 45-day lifespan of the order or file for an extension “not later than five days” before the order expires.
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“In the interest of justice and not to appear to make a mockery or nonsense of the immunity clause, I hold that the interim attachment order of July 20, 2016, granted by this court in favour of the respondent (EFCC) shall last for 45 days as the court had already ordered, within which the respondents must conclude their investigation in respect of the property, at the end of which every encumbrance on the property arising from the order of court, must abate.
“I order that in the event that the respondent may wish to renew the interim attachment order, as they are entitled to, they must serve the motion to that effect on the applicant not later than five days to the expiration of that order, without which the order shall stand abated.”
Fayose’s assets which were affected by the court order include four sets of four-bedroom apartments at Charlets 3, 4, 6 and 9; Plot 100, Tiaminu Savage, Victoria Island, Lagos.
The other properties are located at 44 Osun Crescent, Maitama, Abuja, and Plot 1504, Yedzeram Street, Maitama, Abuja.
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