Mike Ozekhome, human rights
lawyer, says efforts are in place to secure release of Ayodele Fayose, former
governor of Ekiti state, from the custody of the Economic and Financial Crimes
Commission (EFCC) custody.
Ozekhome said this in an
interview with NAN in Abuja on Thursday.
On Monday, Fayose reported at the
EFCC office in Abuja to answer to some allegations levelled against him while
in office as governor.
Ozekhome said “Fayose’s lawyers
are already taking steps to enforce his fundamental human rights by getting him
released. Yes, his lawyers will go to court to enforce his fundamental human
rights.
“The EFCC has no right to keep
him for over 24 hours. If they have done that by obtaining a Magistrate Court’s
Order that will be in the form of “holding charge” which has been declared
unconstitutional and illegal by the Supreme Court. Holding charge is illegal.
It is unconstitutional.’’
Ozekhome said section of the
Administration of Criminal Justice Act (ACJA) permitting a magistrate to detain
a suspect for 14 days was illegal.
According to him, any action
outside the provisions of section 35 of the constitution which specifically
provides for 24 hours, is illegal and unconstitutional.
He explained that the ACJA
allowed for detention of a suspect for 14 days, but that section 35 of the
constitution made it clear that a person could only be detained for 24 hours.
“So, when there is a clash
between the statute, like the ACJA, and the constitution, the constitution
prevails by virtue of section 1(3),” he said.
“If they have an an order for two
weeks from the magistrate court, it is unconstitutional.”
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