DR. ERASTUS B. O. AKINGBOLA V. THE CHAIRMAN, ECONOMIC AND FINANCIAL CRIMES COMMISSION

AKAAHS JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court presided over by Abubakar J. of the Lagos Judicial Division delivered on 5 March 2010, dismissing the appellant’s application to set aside, vacate or discharge all the orders granted ex parte by the court on 31 December 2009, in suit No. FHC/L/CS/1492/09.

The facts which gave rise to the appeal may be briefly stated as follows: On 23 December 2009, the complainant, the Chairman of the Economic and Financial Crimes Commission, filed a motion ex parte and an ex parte originating motion at the Federal High Court, Lagos seeking to freeze the bank accounts of Dr. Erastus Akingbola, now appellant, and to attach his assets within Nigeria, on the allegation that they were proceeds of economic crime. The application was heard and determined by the learned trial judge in chambers and not in open court. When the appellant became aware of the orders made by the learned trial judge, he …