IBUKUNOLUWA KING-OKUNEYE
Federal High Court, Abuja has ordered the Economic Financial Crimes Commission (EFCC) to unfreeze the N2.1 billion bank account of the founder of Daar Communications Plc, Chief Raymond Dokpesi.
The court presided over by the Justice John Tsoho, the Chief Judge of the Federal High Court, gave the order on Monday.
He ordered that Dokpesi’s account at First Bank of Nigeria be unfreezed immediately since the criminal charges that led to the restriction on his account had been dismissed and Dokpesi had been discharged and acquitted by the Court of Appeal.
According to Justice Tsoho, the Federal government has no right to put a post-no-debit order on the account in view of the order of the Court of Appeal.
The judge gave the order after hearing arguments from Dokpesi’s lawyer, Kanu Agabi (SAN) and counsel to the EFCC, Oluwaleke Atolagbe.
He said since the Court of Appeal delivered the judgment that invalidated the criminal charges against Dokpesi, the EFCC had not applied for stay of execution of the judgment.
He explained that in the absence of a stay of execution, his court was bound by law to give effect and implementation to the judgment.
He then ordered that the freeze order and post-no-debit on the account be immediately removed in compliance with the court’s decision.
The EFCC claimed that it has gone on appeal to the Supreme Court, Justice Tsoho held that the notice of appeal filed at the apex court cannot in law stay the execution of the subsisting judgment adding that the anti-graft agency ought to have obtained a stay of execution of the judgment.
He also ordered that all documents seized from Dokpesi or voluntarily surrendered to the Federal Government be immediately returned to him.