The Economic and Financial Crimes Commission, EFCC, has prayed Justice Abdulaziz Anka of the Federal High Court in Lagos not to unfreeze Mike Ozekhome’s account in Guaranty Trust Bank containing N75m.

EFCC said the money was part of the N2.26bn arms procurement fund, which a former National Security Adviser, Col. Sambo Dasuki (rtd.), allegedly looted.

EFCC also claimed to have traced N1.22bn out of the N2.26bn Dasuki loot to Fayose, paid through a former Minister of State for Defence, Musiliu Obanikoro.

EFCC said this in a counter-affidavit it filed in opposition to an application by Ozekhome seeking the unfreezing of his account.

Ozekhome’s GTB account had, since February 7, 2017, been frozen by the EFCC on the order of Justice Anka.

Ozekhome, in reaction, approached the court stating that the action of the EFCC was unconstitutional, had no legal justification, and was a gross violation of sections 36, 37 and 41 of the 1999 Constitution.

However, EFCC, through one of its prosecutors, Idris Mohammed, said though it had earlier secured an interim order from Justice Mohammed Idris of the Federal High Court in Lagos to freeze Fayose’s account, the governor, through Ozekhome, went before Justice Taiwo Taiwo of the Ado Ekiti Division of the Federal High Court to obtain an order to unfreeze the account.

The EFCC prosecutor said despite the fact that Fayose was aware that it had immediately appealed Justice Taiwo’s ruling, the governor still went ahead to dissipate part of the contentious funds, paying a sum of N75m to Ozekhome who helped him to secure Justice Taiwo’s unfreezing order.

EFCC said Ozekhome ought to have “reasonably known that the N75m was transferred to him” from Fayose’s account, which the EFCC claimed was used to retain proceeds of crime and kickbacks.

Justice Anka adjourned till 7, 2017 for hearing in the case.