…..EFCC lacks power to freeze any Sitting Governor’s Bank Account
By Our Correspondent
As reactions from well meaning Nigerians still trail the recent blocking of the personal account of Ekiti State governor, Mr. Peter Ayodele Fayose by the Economic and Financial Crimes Commission (EFCC), a renowned human rights activist and Executive Chairman, Centre for Human Rights and Social Justice (CHRSJ), Comrade Adeniyi, Alimi Sualiman has warned the President and Commander-In-Chief, General Muhammadu Buhari, rtd against returning the country back to the era of his despotic Military rule of 1984 to 1985 where the government was almighty.
Comrade Sulaiman who doubles as Chairman, Civil Societies Coalition for the Emancipation of Osun State (CSCEOS) also declared that the anti-graft agency, the Economic and Financial Crimes C omission(EFCC) lacked power and right to freeze any sitting Governor’s Bank Account, saying that Section 308 of the amended 1999 Constitution of the Federal Republic of Nigeria has covered the sitting President/Vice-President and Governor/ Deputy- Governor from criminal offences, saying that the action of the anti-graft agency waspolitical witch-hunt of opponent of President Buhari.
Reacting to the development in a statement issued by the CHRSJ’s Directorate of Media and Research, which was made available to newsmen on Tuesday, maintained that the Supreme Court of Nigeria has cleared air on the section 308 in the case of Gani Fawehinmi vs. IGP&Ors over Bola Ahmed Tinubu Chicagogate forgery saga in (2002) 7 NWLR (pt 767) pg 606 where it contended that the immunity did not cover any Executive President/ Vice-President and Executive Governor / Deputy-Governor from investigation but covering them from any prosecution, stressing that EFCC has gone beyond their boundary onthis matter.
CHRSJ Chief who described the action of EFCC as illegal, anathema, abomination, unconstitutional, undemocractic, evil, ungodly, satanic and crime against God and humanity, requesting from the EFCC to tender unreserved public apology to Governor Ayodele Fayose over the trauma they(EFCC) made him to pass through in the last 48 hours.
He stressed that many governors, including Fayose were not saint as all of them have soiled their hands with public funds in one way or the other, noting that if EFCC has criminal offence against Fayose, they should have worked on their intelligent gathering of informationand got all the documents relating to the matter which they would have kept it till the end of his tenure and place such an account under secret watch in order to get any accomplice who was not covered byimmunity.
According to Sulaiman: “The Economic and Financial Crimes Commission (EFCC) should be apolitical in their functions. In a civilized society like ours, this development does not portray the anti-graft agency well as a respecter of law of the land. The EFCC should not take order from President Muhamadu Buhari in the cause of performing its constitutional duties because President Buhari as a former Military despotic leader, no democratic grammar in his lexicon. It is understanding that EFCC Act in section 26 -34 gave EFCC power to arrest a suspect and his Bank Account should be also frozen for any financial crime but the 1999 Constitution as amended in section 308 covered Executives position from prosecution for criminal offence.
This is the reason why Late Legal luminary and Senior Advocate of Nigeria (SAN), Chief Gani Fawehinmi was calling for the total over hauling of the 1999 Constitution to checkmate the criminal activities in high places of the country ”.
The rights activist then advised the Economic and Financial Crimes Commission (EFCC) to adhere strictly to the due process of law in their actions and inactions and not the rule of might because Nigeria was not in Banana nation where anybobdy or organization could do what they like calling for the immediate de-freezing of Fayose Zenith bank account in question by the anti-graft agency.
