Wednesday, 21 December 2016

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Court orders EFCC to vacate Fayose's property

Fayose
Justice Nnamdi Dimgba of a Federal High Court in Abuja has ordered the Economic and Finan­cial Crimes Commission (EFCC) to remove the seal placed on all the property belonging to Governor Ayo Fayose of Ekiti State based on
the order of the court made on July 20 and August 2 2016.
Justice Nnamdi Dimgba gave the order while ruling on application filed by Gov Fayose through his coun­sel, Chief Mike Ozekheme (SAN) .
He brought the applica­tion after the EFCC had seized his properties.
Ruling on the application which was argued on Mon­day, Justice Dimgba noted that the interim orders which were made on 20th July and re-affirmed on 3 August were made to last for 45 days to enable EFCC carry out its investigations.
Justice Dimgba held, “I have checked through the record of the court. I do not see any application by EFCC to renew the order of interim attachment, and neither was any such mo­tion for renewal served on the applicant. All of these were considered in the var­ious processes before the court by the parties.
“Therefore, in the ab­sence of any application for renewal of the order of 20/07/16 in terms of the tenor of the court order of 20/07/16 and affirmed on 02/08/16, I hold that this order lapsed and abated on 04/09/16. And no further legal or practical effect can be derived from that order.
“For the avoidance of doubt, the EFCC is not entitled to take any step or derive any benefit from that order and any such benefit derived or enjoyed upon the order of 20/07/16 with effect from 04/09/16 when the order lapsed is of no effect and therefore stand nullified.
“This include any seal­ing, occupation, posses­sions of the property sub­ject of that order. Therefore, to the extent that any seal­ing, possession and occu­pation of the asset/proper­ties set out in the schedule to the application are on the basis of the order of 20/07/16, my view is that this will amount to an ac­tivity that lapsed.”

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