Constitutional Lawyer Explains Implications of EFCC Freezing Fayose’s Account

A lawyer of repute has shed more light on the current
controversy between the EFCC and Governor Ayodele
Fayose over the freezing of his account.


Governor of Ekiti State, Ayodele Fayose
A constitutional Lawyer and former national secretary of
the Labour Party, Dr. Kayode Ajulo, has condemned the
freezing of Governor Ayodele Fayose’s account as illegal.
He revealed that the recent attitude by the Economic and
Financial Crimes Commission is setting a bad precedent for
the future.
In a statement issued on Tuesday, he said he received the
news with shock, arguing that, EFCC has no legal ground to
freeze Fayose’s account.
“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.
According to him, “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
“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 said.


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