Reprieve came the way of a governorship aspirant on the platform of the Peoples Democratic Party, PDP in Ogun State, Mr. Kayode Amosun, as a Federal High Court sitting in Lagos has vacated an interim order it granted the Economic and Financial Crimes Commission (EFCC) to take over his campaign office.
Justice Mohammed Yunusa, in a ruling, vacated the interim order of forfeiture of the property located at 190 Gbadebo Street, GRA, Oke-Ilewo, Abeokuta.
The EFCC had applied for an interim order of forfeiture of the property, which it alleged was purchased with proceeds of crime.
The complainant in the case, Adewale Adeshina however failed to disclose the important material facts in the transaction, which led to the acquisition of the property by Amusan.
In discharging the interim order of forfeiture granted EFCC, Justice Yunusa, faulted the failure of EFCC to file and serve the defendant a motion on notice to respond to the issues in contention.
“The expectation of the law is that an interim order of injunction may be granted when the order side has been served with notice of motion but has not had an opportunity of answering by affidavit.
“In the instant suit, I agree that the applicant is statutorily empowered to trace and also apply and obtained an order of forfeiture through an interim application, but it has to be accompanied with a motion on notice in order to give the other side an opportunity to be heard.
“No such application was made by the applicant, which in essence, means the order made as Exparte Order is not interim order,” the court held.
SOURCE: DAILY POST
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