The
personal account of the Governor of Ekiti State, Mr Ayodele Fayose and that of
his associates have been frozen by the Economic and Financial Crimes
Commission(EFCC).
Fayose
Fayose Speaking at the premises of Zenith Bank, Ado-Ekiti, where he had his
personal account, the governor claimed that he had gotten winds of plans by the
Presidency to freeze his account some days earlier.
A
source at the Bank told the visibly surprised Governor Fayose that his account
was allegedly frozen on the order of the anti-graft agency.
The
Governor said, he had earlier issued a counter-cheque to make withdrawal and
was rejected by the bank located at 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.
WHAT THE LAWYERS SAID
EBUN ADEGBORUWA
Freezing of Fayose's Account is Illegal by Ebun-olu Adegboruwa
There is no other way to describe it.
1. To freeze an account, there must be an order of court.
WHAT THE LAWYERS SAID
EBUN ADEGBORUWA
Freezing of Fayose's Account is Illegal by Ebun-olu Adegboruwa
There is no other way to describe it.
1. To freeze an account, there must be an order of court.
2. For the court to make an order, there must be papers (court process) filed in court and signed by the judge.
3. Section 308(1)(a) says no suit can be instituted against Fayose in any court in Nigeria. So, no process of court can be issued, signed or served, if it bears Fayose's name, in his personal capacity.
4. By sections 26-34 of the EFCC Act, a suspect must have been arrested for his account to be frozen. By section 308 of 1999 Constitution, Fayose cannot be arrested and his bank account cannot be frozen.
We must encourage EFCC to act according to law, or else we go into full blown dictatorship.
There is no controversy in this matter. EFCC should de freeze the account, pile up its investigations and wait for Fayose to complete his tenure. Pure and simple.
BARR KAYODE AJULO
Illegalities of Freezing of Gov. Fayose's Bank Account- Ajulo
I received with shock the news report that EFCC has frozen the personal bank account of Ayodele Fayose the Governor of Ekiti State.
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.
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.
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.
3. Section 308(1)(a) says no suit can be instituted against Fayose in any court in Nigeria. So, no process of court can be issued, signed or served, if it bears Fayose's name, in his personal capacity.
4. By sections 26-34 of the EFCC Act, a suspect must have been arrested for his account to be frozen. By section 308 of 1999 Constitution, Fayose cannot be arrested and his bank account cannot be frozen.
We must encourage EFCC to act according to law, or else we go into full blown dictatorship.
There is no controversy in this matter. EFCC should de freeze the account, pile up its investigations and wait for Fayose to complete his tenure. Pure and simple.
BARR KAYODE AJULO
Illegalities of Freezing of Gov. Fayose's Bank Account- Ajulo
I received with shock the news report that EFCC has frozen the personal bank account of Ayodele Fayose the Governor of Ekiti State.
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.
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.
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.
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