On Monday the Chief Judge of the Federal High Court in Abuja, Justice John Tsoho has fixed August 3 to deliver judgment in an application by the founder of Daar Communications Plc, Chief Raymond Dokpesi, seeking for an order of court to unfreeze his N2.1 billion bank account.
Justice Tsoho fixed the date after taking arguments from Dokpesi’s lawyer, Kanu Agabi, SAN and that of the Economic and Financial Crimes Commission (EFCC), Oluwaleke Atolagbe for and against.
Agabi, while arguing the application, prayed the court to issue an order to unfreeze Dokpesi’s bank account, which was frozen on the strength of the charges against him.
The senior lawyer submitted that the criminal charges in respect of N2.1 billion brought against Dokpesi by the EFCC had since been voided and quashed by the Court of Appeal, Abuja division.
Agabi further argued that the charge which led to freezing of the account was no longer in existence while Dokpesi was discharged and acquitted of all the charges.
He also argued that the Court of Appeal judgment which set aside the charges against Dokpesi is still subsisting, valid and binding on both the court and EFCC.
The senior lawyer further submitted that the EFCC which lost at the Court of Appeal has not obtained a stay of execution of the judgment and therefore has no legal standing to continue to place freezing order on the defendant’s account.
Agabi tendered two judgments of the Court of Appeal to establish his claim that the criminal charges against Dokpesi have been quashed adding that until the court of appeal judgement is set aside, the EFCC cannot continue to freeze the account.
However, EFCC counsel Oluwaleke Atolagbe raised an objection against the application on the ground that the anti graft agency has already filed notice of appeal against the Court of Appeal judgment at the Supreme Court.
Atolagbe urged the court not to unfreeze the account yet until the final decision of the Supreme Court in the matter adding that the N2.1 billion logged into the frozen account formed the basis of the charge.
Atolagbe also opposed the request for the release of Dokpesi’s document in possession of Efcc adding that no specific document was mentioned in the request.
The EFCC counsel drew the attention of the court to DSS and NIA as respondents in the matter adding that the two agencies are not before the court and as such the court can not make a valid order against them.
Justice Tsoho subsequently fixed August 3 for the delivery ruling in the matter.
