ADO-EKITI — The personal accounts of
Governor Ayodele Fayose of Ekiti State and
those of some of his associates have been
frozen by the Economic and Financial
Crimes Commission, EFCC.
The action immediately prompted diverse
reactions with a large majority of lawyers
and Nigerians contacted affirming the
validity of the commission freezing a
governor’s account, but only upon the
orders of a court.
Governor Fayose, who opened up on the
EFCC's action while speaking at the
premises of Zenith Bank, Ado-Ekiti, where
he has his personal account, claimed that
he got notice of plans by the Presidency to
freeze his account some days earlier.
A source in the bank told the visibly
surprised Fayose that his account was
allegedly frozen on the orders of the anti-
graft agency.
The governor said he had earlier issued a
counter cheque to make a withdrawal,
which was rejected by the bank located in
Onigari , GRA in Ado Ekiti, describing the
action as criminal and illegal.
Citing Section 308 of the 1999 Constitution,
Fayose said he enjoys immunity as a sitting
governor, urging the Federal Government to
fight corruption within the ambit of the law.
He said: “I got wind of the fact that the
EFCC had placed restriction order on my
personal account and that of my associates.
I came here today (yesterday), and I have
been able to see it. This action shows that
this government has no respect for the
constitution because I enjoy immunity under
Section 308.
“I support government fighting corruption,
but it has to be within the ambit of the law.
You can investigate me; it is their right, but
they have to wait till 2018 because I will be
done by then. They should not be in a hurry
because I will personally come to them for
investigation.
“I have become a public figure in this
country that I don’t have anywhere to run
to. This rascality of EFCC must stop. If they
like, let them investigate the whole world. Is
it because they are the sitting government
now that nobody can ask them questions?
We will take every legal procedure to get
things right.
“I am not leaving this bank until they give
me a statement of account. They must put
it into writing because EFCC has no right
under the law to freeze my account. They
did not communicate with me. They want to
destabilize the state, and we will use all
legal means to make them obey the
constitution. They can investigate me, but
they can’t coerce me.”
An account can be blocked during
investigation —EFCC
Contacted, Head, Media and Publicity, EFCC,
Mr Wilson Uwujaren, did not, in clear terms,
confirm that Fayose’s personal account was
frozen. But asked if it was within the
agency’s constitutional powers, he replied:
“Under the constitution, government
executives don’t have immunity on
investigation. They can be investigated while
in office but can’t be prosecuted. Also, an
account can be blocked during
investigation.”
His account can be frozen —Sagay
The EFCC position was affirmed by
Chairman, Presidential Advisory Committee
on Corruption, Prof Itse Sagay, SAN, who
said the commission had been empowered
to freeze accounts or assets of anyone
under investigation.
Sagay, who hinged his assertion on a
Supreme Court verdict to buttress his point,
said: “If the EFCC is investigating anybody
and they have reasons to believe that
somebody has acquired state assets for
himself, they are empowered by the law to
apply to a court to freeze those assets,
including banking assets, pending the
enquiry and possible trial. So, they have that
power.
"For a governor, it is a unique situation, but
the Supreme Court has already held that
even if you enjoy immunity, you are also
subject to being investigated. So, that would
be one of the consequences of that
investigation.”
EFCC can freeze a gov’s account during
investigation —Ngige
Also throwing his weight behind Sagay’s
submission, Chief Emeka Ngige, SAN, said:
“If during an investigation the EFCC
discovers that a particular account has been
used for money laundering, the commission
has the right to freeze the account pending
the outcome of the investigation. It is not
touching the account but just suspending
the usage of the account.
“It does not matter whether the account
belongs to a governor or not. I have said in
the past that the Supreme Court had ruled
in a past case that immunity shields
governors from arrest and prosecution but
not from an investigation.
"The apex court ruled that the governors
have no immunity against investigation. The
commission is empowered by the law to
investigate governors and if in the course of
their investigation, they find that an account
has been used for money laundering they
can freeze it.”
It's illegal — Ozekhome
It is illegal and unconstitutional for the
account of a sitting governor to be frozen
while in office. The governor enjoys
immunity under Section 308 of the 1999
Constitution and for whatever purpose, his
account cannot be frozen. Section 308 of
the Constitution grants immunity to the
governor and his deputy just as it grants
immunity to the President and his vice-
president.
"You cannot freeze the account of a
President while he is still in office just like
you cannot freeze the account of a governor
while he is still in office. You can wait till he
leaves office. Since he enjoys immunity, the
same thing applies to his finances and all
his property.
“My take on this matter is that we should be
very careful so that we don’t over-stretch
our democracy or overheat the polity. The
last time I checked, we are supposed to be
operating a constitutional democracy that
thrives on the rule of law as observers of
human rights and not military dictatorship. I
plead with President Muhammadu Buhari to
call the EFCC to order as they are making
Nigeria a laughing stock in the eyes of the
international community.”
It’s an abnormality — Afenifere
On his part, Afenifere’s National Publicity
Secretary, Mr. Yinka Odumakin, said the
move was an abnormality but was quick to
call on the commission to give an
explanation as to why it took the step.
Odumakin said: “If it was done, it is an
abnormality. What crime did he commit? Did
he keep the money of the state in his
private account? What level of investigation
have they done to warrant the closure of his
personal account?
"People will see this as an attempt to witch-
hunt and muzzle him. If it is true, it will be
the height of high-handedness. They owe
the country an explanation, and they must
tell us why they did such.”
Lawyer and human rights activist, Tokunbo
Mumuni, said: “The fact that the governor is
in power does not mean he cannot be
investigated. This has been settled in the
case of Fawehinmi vs. Tinubu. However, he
has immunity from any prosecution. On the
issue of his frozen account, if it is true, that
means the anti-graft agency must have
secured a valid court order. If this is not
done, the exercise remains invalid and
illegal.
“If the court feels that, indeed, there is a
commission of a crime relating to the
account or the owner of the account, the
court has the power to freeze the account
pending investigation. Like I said, there
must be a valid order of the court, which
must be the instrument to be executed.”
No big deal on frozen account —Chukwuma
Lagos lawyer, Nnamdi Chukwuma, said:
“There is nothing big or serious about the
freezing of an account belonging to a state
governor. If it is his personal account, he is
like any other bank customer, whose
transaction is subject to extant laws.
However, what is big is that the account
cannot be validly frozen except there is an
existing court order.
“The governor cannot claim political
victimization, if the EFCC got a valid court
order which will be based on the averment
canvassed before the court. There is no
court that can grant an order without being
convinced of the facts presented before it.”
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