A Federal High Court sitting in Makurdi
has ordered the Economic and Financial Crimes Commission (EFCC), United
Bank of Africa (UBA) and Fidelity Bank to jointly pay the sum of N100
million to the Benue State government for freezing its accounts last
year.
Delivering judgment in the suit number
FHC/MKD/CS/46/2018 filed by the Benue State government challenging the
legality of the EFCC freezing its accounts, Justice Mobolaji Olajuwon
ordered the anti-graft commission to pay the state government the sum of
N50 million as damages, while UBA and Fidelity are to each pay the sum
of N25 million.
Justice Olajuwon stated that the state
government’s accounts that were frozen do not fall within the classes or
categories of accounts liable to be frozen by the EFCC.
She declared the action of the EFCC as
illegal, null and void, adding that the order issued by EFCC to the
affected banks to freeze Benue State accounts was not obtained from a
Federal High Court.
The judge thereafter granted an order of
perpetual injunction restraining EFCC from further freezing Benue State
government accounts domiciled in financial institutions.
In a reaction, the state Attorney
General and Commissioner for Justice, Mr Michael Gusa, described the
judgment as sound, adding that the the Ortom administration believes in
the rule of law and due process, and would not fail to challenge any act
of illegality on the state.
A few days after Governor Samuel Ortom
defected from the All Progressives Congress (APC) to the Peoples
Democratic Party (PDP), EFCC ordered the freezing of the accounts of
Benue State Government in UBA and Fidelity Bank on the premise that the
governor’s security vote was being investigated.
The state government, through the office
of the Attorney General and Commissioner for Justice approached the
court seeking a declaration that EFCC acted against the law when it
directed the banks to freeze its accounts.
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