THE ECONOMIC AND FINANCIAL CRIMES COMMISSION V. MR. AYODELE FAYOSE & ANOR

JOSEPH S. IKYEGH, JCA (DELIVERING THE LEAD RULING): This is a motion on notice seeking for the leave of the Court to adduce fresh evidence on appeal. Prayer 1 of the motion paper states-

An ORDER of this Honourable Court granting leave to the Appellant to adduce fresh evidence to wit: Motion Ex-parte and affidavit in support of same dated the 24th day of June, 2016 in Suit No. FHC/L/CS/871/2016 BETWEEN FEDERAL REPUBLIC OF NIGERIA AND ZENITH BANK PLC to enable this Honourable Court come to a justicable conclusion as to whether the Appellant suppressed or concealed any material facts before Hon. Justice M. B. Idris before granting an order of attachment dated 24th June, 2016

The grounds in support of the motion state verbatim thus:

1. That on the 24th day of June, 2016, the appellant filed a motion ex-parte dated same date for interim order of attachment of the 1st Respondents Accounts which are suspected to have warehoused proceeds of unlawful activities.

2. That after considering the said…