Adelakun, firm get court’s nod to access accounts with Skye Bank
Lagos High Court sitting at Ikeja has vacated an ex-parte order made on September 16, 2015 freezing account numbers 1771453359 and 1771335693 belonging to Jyde Adelakun and Touch Fame Energy Company limited maintained by Skye Bank Plc.
Consequently, the court sitting before Justice Lawal Akapo granted Adelakun and Touch Fame Energy Company Limited an un-restricted access to the accounts kept in the bank.
The order granted on December 4, 2015, a copy of which was made available to The Guardian followed a similar order of Justice Mohammed Yunusa of a Federal High Court, Lagos, which declared the freezing and blocking of the applicants’ accounts as unconstitutional and a breach of their fundamental human rights.
The Economic and Financial Crimes Commission (EFCC) has on September 16, 2015 obtained an ex-parte order freezing the account of Jyde Adelakun and Touch Fame Energy Company Limited operated with Skye Bank Plc.
The basis of the action of the EFCC was predicated on a petition by Skye Bank Plc on June 24, 2015 over alleged fraud alert received from an officer of JB Morgan Chase Bank America.
Consequently, the anti-graft agency charged the applicants with stealing the sum of $2,181,000 property of Morgan Chase Bank.
But in his ruling on a motion filed on November 13, 2015 by the counsel to the applicant, Rotimi Seiki, Akapo held that the EFCC has no justification in law to put on hold the applicant’s accounts.
In lifting the ex-parte order secured by the EFCC, the court stated that ex-parte order made has expired its lifespan by effuxion of time, having subsisted and lasted more than seven days.
The judge also stated that the EFCC (the respondent) grossly misled the court in obtaining the order by failing to disclose that the same case and subject matter and parties had been pending before the Federal High Court, Lagos.