EFCC Abusing Fayose’s Immunity – Ajulo

Ajulo described the act as “illegal” and an abuse on Fayose’s immunity as a sitting Governor.

“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 said.

Quoting the constitution, Ajulo further backed his argument saying:

“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,” he added.

Recall that THE WHISTLER earlier reported how the EFCC on 20 June, 2016, froze the personal accounts of Governor Ayodele Fayose of Ekiti State and those of some of his associates.

The Governor earlier claimed that he got notice of plans by the Presidency to freeze his account prior to the incident.

He said that he was not against Buhari’s “anti-corruption” campaign, but that the federal government must not compromise the constitution in its fight against corruption.

“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.”