A Senior recommend of Nigeria, Mr. Emeka Ngige, and the Ilorin Chairman of the Nigerian Bar affiliation, Mr. Manzuma Isah, have stated that the economic and financial Crimes fee is proper in seizing the Lagos and Abuja houses of the Ekiti kingdom Governor, Mr. Ayodele Fayose.
They spoke in phone interviews with our correspondent in Ilorin, the Kwara state capital on Friday.
but Fayose’s counsel, Mr. Mike Ozekhome (SAN), disagreed and said Fayose might task the movement in court.
He claimed that EFCC’s motion changed into a calculated destruction of Nigeria’s constitutional democracy.
The EFCC had seized three homes of Fayose in Lagos and Abuja. It seized a property at one hundred, Tiamiyu Savage street, Victoria Island, Lagos, valued at N364m; a belongings at Yedseram avenue, Maitama, Abuja worth N270m and every other assets at Osun River Crescent, Maitama Abuja worth N200m.
The seizure won’t be unconnected with the investigations into the N1.219bn Fayose allegedly acquired from the office of the country wide security Adviser when Col. Sambo Dasuki (retd) changed into in fee.
Fayose turned into said to have obtained the cash through a former Minister of kingdom for Defence, Mr. Musiliu Obanikoro.
The Ekiti country governor changed into additionally said to have allegedly obtained kickbacks from Ekiti kingdom government contractors.
Ngige stated the EFCC has the right to seize Fayose’s belongings despite the fact that he is nonetheless a sitting governor.
He stated, “EFCC has the energy. once it’s far a part of research; intervening time forfeiture or seizure of asset is part of research.
The preferrred court has stated it genuinely that they are able to check out a sitting governor, notwithstanding his immunity however what you can not do is that you cannot prosecute him.
“just in the identical manner that they iced over his account in Zenith financial institution, they are able to equally make meantime attachment of these houses preparatory to his arraignment. He can be charged in 10 years’ time, but they are able to keep them even as waiting until he vacates office. So, what the EFCC has executed is justified.”
Isah additionally stated under the EFCC Act, the anti-graft organization has powers to capture a sitting governor’s belongings.
He stated although Fayose isn’t always on trial yet, EFCC’s action changed into to try to ensure that proceeds from alleged crime had been not tampered with before trial.
Isah stated, “Fayose is not on trial yet. they may be trying to make sure that the proceeds of crime are not tampered with before real trial commences. the person (Fayose) after he vacates office might be put on trial but he has the strength to deal with the ones residences before he leaves workplace. So until preemptive movements are taken, he’ll address the homes negatively earlier than the trial.”
but Ozekhome said the seizure of Fayose’s houses could not be justified.
He stated the seizure turned into an affront on the 1999 charter of the Federal Republic of Nigeria.
in keeping with him, the seizure became an executive lawlessness.
Ozekhome stated, “The movement of EFCC is not justified and it is not justifiable in the eye of the law. It smirks of impunity, vendetta and govt lawlessness because the EFCC is popping itself into the accuser, the prosecutor, the judge, the jury and the executioner. The EFCC is acting outside the confines of the constitution of Nigeria and the extant legal guidelines of Nigeria. The EFCC can not connect the properties of a sitting governor such as Fayose, who has immunity, who enjoys immunity underneath segment 308 of the 1999 Constitutions.
“EFCC would have to wait till October sixteen, 2018 whilst Fayose would have vacated office as governor of Ekiti state after which deliver him to e book in the event that they have anything towards him.
“to transport against him and fix his money and homes is only attempting and convicting him ahead even earlier than he’s certainly placed on trial.
“Such an act might be declared null and void through courts of law in Nigeria. “we’ve got already challenged the freezing of his account. we are going to assignment this attachment of his residences that can best be executed toward prosecution, a prosecution it cannot carry out till the governor leaves office.”
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