The Legal Interpretation Of Fayose’s Personal Account Frozen By EFCC

Gov. Ayo Fayose

In what appears another twist to Constitution and legal interpretations to the latest development in the Fayose versus Economic and Financial crimes commission’s recent freezing of Ekiti state governor’s personal account with Zenith Bank Plc. According to the anti graft agency, the governors account was alleged to have enjoyed inflow from Office of the National Security Adviser ONSA to the former president Goodluck Jonathan, Col. Sambo Dsuki sometimes in 2014 in the build up to the Ekiti state gubernatorial election which was won by Ayodele Fayose.

Fayose had taken to his twitter account to inform the public that his personal account was frozen by the EFCC without a court notice or prior notice to him. This latest development followed the directive from the Director of State Security service DSS some weeks back informing the governor that he cannot travel out of the country until he personally present himself to the DSS office for clearance before doing so. This was earlier debated upon and a section of Nigeria accuse Fayose of hitting up the polity by fabricating what they termed lies against the DSS noting that it is not particularly true the governor’s passport was seized.

According to the constitution of the federal republic of Nigeria section 308 which talks about immunity for political office holders, President, Vice President and Governors and their deputies. These people are immune to any criminal or legal charges. It specifically states that charges cannot be initiated against these people. They simply enjoy immunity until they leave office. EFCC according to its spokesman has every right to investigate a sitting governor.  In the case of Governor Fayose, his personal account was frozen to allow investigations into cases of fraudulent transfers into his account allegedly put at 1.2bilion Naira from the ONSA account. The monies was said to have been given to Fayose to prosecute the elections and ensured he won the election in the build up to the August 2014 governorship elections.

There have been various reactions from learned legal and constitution experts in the society. The facts that a governor has immunity to criminal charges doesn’t stop the EFCC from freezing any sitting governor’s personal account but it has to be done in a legal way by getting an ex parte Court order to freeze the account. Others say the fact you are getting an ex parte order on the person of the governor is illegal as the rule of law which states that a governor cannot be prosecuted, investigated or initiation of investigation on his person is an aberration of the constitution of the federal government of Nigeria.

Much has been said and more will still be discussed in days to come as regards this kind of impunity been perpetrated by this present government , firstly the travel ban on an elected governor and then this frozen of personal  account. In the 17 years of our nascent democracy in Nigeria we have never heard of this kind of personal vendetta and treatment of opposition like the present government has continually shown and acted in such an unconstitutional manner. It remains to be seen what next step the Buhari-led federal government is taking to further alienated itself and fight opposition as we are currently having.

                                                        President Muhammadu Buhari

This is a clarion call on our constitutional lawyers, our Senior Advocates and concerned Nigerians. To wake up from slumber to protect  and guide the constitution from been trampled upon and distorted by any agency of the government. Authoritarianism, Impunity and Tyranny should not be encouraged. Our long years of Military experience and rules should not be brought back to our memories. As for the EFCC and DSS they should know that the whole world is watching us and that Power corrupt absolute power corrupts absolutely.