According to the presiding judge, Taiwo Taiwo, who gave the ruling on Tuesday after considering the arguments of respective counsels on the matter, the decision of the commission to freeze the account, without considering first the arguments or opinion of Mr. Fayose on the matter, amounted to abuse of the defendant’s fundamental rights to fair hearing.
Justice Taiwo said the act, as perpetrated by the EFCC, was illegal, wrongful and unconstitutional.
He argued that the defendant was a sitting governor who enjoys immunity as enshrined by the constitution and the decision of the EFCC to have acted as it did, amounted to a breach of the constitution.
He thus, ruled that the decision of the commission to freeze his account through the banks, without making Fayose a party to the process was illegal and ordered his accounts be unfrozen.
The spokesperson for the EFCC, Wilson Uwujaren, said his commission would appeal the judgment. Mr. Uwujaren said:
“While the Commission awaits the certified copy of the ruling, it is important to point out that this order contradicts another order by Justice M. B Idris of the Federal High Court, Lagos which gave the Commission the nod to freeze the accounts pending the conclusion of investigation.
“This order from a court of coordinate jurisdiction was not set aside by Justice Taiwo. In spite of this, the Commission has taken immediate step to appeal the order by Justice Taiwo.”
Meanwhile, Governor Fayose has ordered the sack of over 400 workers recently engaged by the Ekiti State University, Ado-Ekiti, because their recruitment into the institution did not follow due process.