According to Ajulo, EFCC’s action was an abuse of the immunity that covers governors in Nigeria.
Ajulo in a statement said he received the news with shock, arguing that, EFCC has no legal ground to freeze Fayose’s account.
The statement read: “This indeed came as a shock considering the personality involved, a sitting governor that enjoys immunity till the determination of his office as governor of a State in Nigeria.
“It is the law that to freeze an account, there must be an order of court for the attachment of the bank account. It is also trite that for the court to make such order, there must be papers (court process) filed in court and signed by the judge.”
He further said: “By the provision of Section 308(1)(a) of our Constitution as amended no suit can be instituted against Ayodele Fayose and/or any Nigerian governor in any court in Nigeria. “Therefore, no process of court can be issued, signed or served, against Ayodele Fayose in his personal capacity, whereas the bank account in question is his personal account as such in his personal name.
“Moreover, sections 26-34 of the EFCC Act, established a process to be followed that is, a suspect must have been arrested for his account to be frozen however section 308 of 1999 Constitution, exempted Ayodele Fayose from those could be arrested and his bank account cannot be frozen.
“It behoves on all right thinking Nigerians and law abiding individuals and corporate entities to ensure and insist that EFCC acts according to the law of the land and adheres to best international standard and practice.
The constitutional lawyer warned, “It should be warned that EFCC is gradually turning into an unchecked tyrannical monster. If indeed Ayodele Fayose has a case to answer, the case of Bola Ahmed Tinubu Vs. Gani Fawehinmi is apt and locus classicus; Therefore, EFCC should lift the attachment on Ayodele Fayose’s property, go ahead to investigate him but wait for Fayose to complete his term of office before commencing his prosecution. That’s the law and it must be followed.” Click to signup for FREE news updates, latest information and hottest gists everyday
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Please help me to tell APC and Buhari that they have missed it this time around!!!! EFCC you have pass your boundary very soon people will start making money from your stupid action.
ReplyDeleteI said it that we should expect more and more shockers from Buhari...Well,as events are unfolding...
ReplyDeletewhat is going on in Nigeria? are we going completely lawless?
ReplyDeleteEfcc has gone mad. Call doctor.
ReplyDeleteAjulo wants to handle this case in court so he needs Ekiti people financial baptism, just like Modu Sheriff got when he was installed as the PDP national Chairman, forgetting that immunity does not stop you from being investigated as a chief Executive of a state, the only thing that the immunity clause covers is your arrest and detention simple; Cross River has less IGR than Ekiti, yet they are not owing workers even when the former governor left a huge debt burden and a ten months worker salary outstanding.... we even hear Osun governor account was also involve may be because he does not know how to make noise. Please fayose instead allowing these layers (Sorry Lawyers) to mislead you spending Ekiti peoples cash carelessly fighting a lose battle, just tailor such cash in paying this workers salaries my brother; Ajulo is a SAN and not cheap oh! his bill is nothing less than 200 million as appearance fee, and you are not guaranteed of winning oh!!!! the anti graft body would tell the court that they were investigating how you have spent Ekiti people cash of which everyone knows that it is true, please give up bro!
ReplyDeleteAnonymous 4:35, it seems to me that u have epileptic brain. U are kdellfending lawlessness. I pity u.
ReplyDelete