EFCC Can Prosecute Fayose As A Sitting Governor – Falana
Category: Nigeria National News
Human rights lawyer, Femi Falana has said that the Economic and
Financial Crimes Commission (EFCC) has the right to investigate and
prosecute the Ekiti State Governor, Ayodele Fayose, even as a sitting
governor.
Falana quoted judicial precedents and legal instruments, which he said,
justified the decision of the anti-graft commission to investigate and
freeze Fayose’s bank accounts.
The human rights lawyer in a statement on Wednesday said Fayose could
not rely on section 308 of the 1999 Constitution to escape criminal act.
He said the immunity clause did not come to play in criminal investigation of a sitting governor or a sitting president.
According to Falana, Fayose’s diverse criminal antecedents ranged from
the looting of N1.2 billion from the state’s treasury in 2004 to alleged
involvement in the murder of Tunde Omojola and the 2014 Ekiti
governorship election rigging.
He said that the EFCC was currently being investigated in connection “to
a coup, which led to the re-election of Fayose” in the Ekiti State
governorship held on June 21, 2014.
Falana added that in view of the fact that the effect of section 308 of
the 1999 Constitution had been watered down, Fayose could not invoke the
immunity clause to shield himself from investigation.”
“While not challenging the allegation by the EFCC that the sum of N1.3
billion has been traced to his personal account, Mr. Fayose has
attempted to hide under the immunity clause to shield himself from
investigation. Contrary to the governor’s claim he does not enjoy
immunity from investigation with respect to his criminal involvement in
treasonable conduct and corrupt practices.
“It is trite law that all the public officers protected by Section 308
of the Constitution can be investigated for corruption and other
criminal offences.
Notwithstanding that the allegation is completely baseless, I fully
support the investigations. I do not need to instigate the anti-graft
agencies to enquire into the activities of a serial treasury looter.
“Having admitted his involvement in the coup which occurred in Ekiti
State which culminated in his emergence as the Ekiti State governor,
Fayose ought to be prosecuted for treason which arose from the electoral
malfeasance,” he said.
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