Court orders EFCC to halt probe into Ekiti airport project

A Federal High Court has ordered the Economic and Financial Crimes Commission (EFCC) to suspend its investigation into the alleged embezzlement of Ekiti State funds meant for the Ekiti Airport project.

Justice Emeka Nwite made the ruling in response to an application filed by Oluwaseun Odewale, a former aide to ex-Governor Kayode Fayemi, and Ariyo Oyinkolawa Adesola.

The court order, given in a ruling on the application jointly filed by Odewale and
Ariyo Oyinkolawa Adesola, delineated FHC/ABJ/CS/1340/2024, mandated the Economic and Financial Crimes Commission (EFCC) to “maintain the status quo” regarding its probe into the alleged embezzlement of Ekiti State funds earmarked for the Ekiti Airport project under Odewale’s watch.

It was alleged that under Odewale’s watch, a whopping sum of 20 billion Naira was spent to build an airport which was commissioned in October 2022 without control towers and remains non-operational till date.

Odewale’s affidavit in support of the motion ex parte dated September 10, 2024, told the court that EFCC operatives who had previously detained him were allegedly forcing him to admit to committing offenses and embezzling Ekiti State Government funds in his capacity as Director General of the Bureau of Public Procurement, which he declined.

He disclosed that all the questions posed to him by the EFCC “were related to the awards of contracts by the Ekiti State Government, with an emphasis on the airport project initiated by the Dr. Kayode Fayemi-led administration, which had reached an advanced stage and was inaugurated,” adding that the operatives also probed other minor contracts awarded by the Ekiti State Government under his watch.

The applicant’s lawyer, Chief R.O. Balogun, SAN, argued that his clients were detained by the EFCC for longer than permitted by the relevant provisions of the Constitution of the Federal Republic, arguing that while the EFCC is using the investigation of Ekiti State Government finances as the basis for interrogating his clients, the propriety of the EFCC’s investigation regarding contracts awarded or executed by the Government of Ekiti State is the subject of an appeal pending before the Court of Appeal in Ado-Ekiti.

He added that there is also a pending motion for a stay of execution and an injunction pending appeal which challenges the EFCC’s power to investigate or make inquiries into contracts awarded or projects executed with funds appropriated by the Ekiti State House of Assembly.

The legal counsel urged the court to restrain the EFCC operatives from further inviting or harassing his clients amid the pending cases, as they could suffer “irreparable damage or grievous hardship” if the ex parte motion is not granted.

Justice Nwite in his ruling, held that the interest of justice would be served by “ordering that the status quo be maintained pending the hearing of the application.”

The judge subsequently ordered that the status quo be maintained and adjourned the case to September 26, 2024.