Alleged 75m Money Laundering: EFCC Appeals Judgement Unfreezing Ozekhome’s Account

The Economic and Financial Crimes Commission (EFCC) yesterday filed an appeal challenging the ruling of Justice Abdul-Azeez Anka of the Federal High Court in Lagos which ordered the commission to unfreeze the frozen account of a Senior Advocate of Nigeria (SAN), Chief Mike Ozhekome.

It will be recalled that Justice Anka had on Monday in a ruling on an application filed by Ozekhome, vacated an interim order of forfeiture of the sum of N75million found in his chamber’s account domiciled with Guarantee Trust Bank (GTB).

The court had held that although it was not in doubt that the N75 million came from Fayose, the lawyer could not be held liable because there was no restriction on the governor’s account at the time the money was paid to his law firm.

Apparently dissatisfied with the ruling, the EFCC through its counsel, Rotimi Oyedepo filed an appeal before the Lagos Division of the Court of Appeal alleging miscarriage of justice by the lower court.

The anti-graft agency in a notice of Appeal based its objection to Justice Anka’s judgement on three grounds of appeal.

One of the grounds is that ‘the learned trial judge erred in law when he set aside his own order of interim attachment before the expiration of 120 days granted to the Appellant to conclude its investigation’.

The EFCC further argued that at the point of granting its ex-parte application, the trial judge directed the Manager of Guaranty Trust Bank Plc to attach the account of the silk’s chamber with the bank for a period of 120 days pending the determination of investigation and possible prosecution.

The commission also submitted that it was however dismayed that before the expiration of the 120 days and whilst investigation is still ongoing, the interim order of forfeiture was vacated by Justice Anka.

It said the judge lacks the requisite jurisdiction to hear and determine Ozekhome’s application before the expiration of the said 120 days.

Secondly, the EFCC argued that the trial judge erred in law in setting aside the forfeiture order by holding that the funds are monies paid for the services rendered by Ozekhome in prosecuting various actions before various courts.

It contended that whilst the silk is entitled to his professional fees, he his not entitled to receive such from funds suspected to be proceeds of crime.

Lastly, the EFCC argued that the ruling of the lower court is against the weight of evidence before it.