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Nairaland Forum / Nairaland / General / Politics / The Limit Of Gov. Fayose's Legal Immunity By Femi Falana (808 Views)
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The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by gen2briz(m): 10:52pm On Jun 22, 2016 |
Sometime in 2004, Governor Ayo Fayose was http://www.saharareporters.com/2016/06/22/limit-gov-fayoses-legal-immunity-femi-falana
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Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by gen2briz(m): 10:58pm On Jun 22, 2016 |
Fayose |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by crazymommy(f): 11:03pm On Jun 22, 2016 |
Please mr femi falana continue to educate the wailing wailers that love to wail. |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by Nobody: 11:12pm On Jun 22, 2016 |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by Wangxiao(m): 11:12pm On Jun 22, 2016 |
. |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by americanigga(m): 11:45pm On Jun 22, 2016 |
O my God! Fayose is finished. Fayose you see your life? |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by OLADD: 11:51pm On Jun 22, 2016 |
Femi Falana is undoubtedly a shameless and irresponsible lawyer, no apologies. A so-called social critic who often sacrifice decency on the altar of parochialism and petty politics. He has shown times without number his uncanny hatred for the person of Fayose but must he turn logics on its head by twisting sections of the constitution to give substance to his fallacious dispositions? For the avoidance of any doubt; 1. Section 308 of the Constitution clearly says a judicial proceeding be it civil or criminal CANNOT be instituted against a sitting President, VP, Governor and Deputy Governor. 2. The EFCC Act allows officials in (1) above to be investigated while in office but forbids actions that lead to prosecution including Freezing of their Accounts/seizing their assets. 3. There's is a clear difference between investigating and placing embargo on account been investigated by way of freezing. An account can be investigated without been frozen. 4. Section 28 of the EFCC Act allows the Account of accused individuals WHO HAVE BEEN ARRESTED to be frozen. In this index case, Fayose was neither arrested nor placed on restricted movement. In fact, Section 308 forbids EFCC or any other law enforcement agent from taking such step against Fayose. Therefore, on what ground did the EFCC hing its decision to freeze Fayose's account? I am not a lawyer but if placed side by side with Femi Falana, I will rub his legal robe in the mud. He's such a double-mouthed and unstable personality. 1 Like |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by ashjay001(m): 12:26am On Jun 23, 2016 |
OLADD: U can't even compete with his shadow with ur shallow comprehension issues abeg! Re-read d article for better understanding! "in the case of the Governor or Deputy Governor. Since there is no immunity for impunity as far as electoral malfeasance is concerned the investigation by the EFCC is in order. The senior lawyers who have questioned the freezing of Mr. Fayose's account on the ground that the EFCC did not obtain a court order have not read section 28 of the EFCC Act which provides that "where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court". The law permits the EFCC to freeze an account or attach a property of a criminal suspect and proceed thereafter to obtain an ex parte order from the appropriate court. I am not unaware that by the strict interpretation of section 308 of the Constitution no court process can be issued or served on a governor. But because immunity cannot be pleaded or invoked to cover electoral fraud, elected governors are served with court processes and dragged to court to respond to allegations of electoral malpractice. However, in order to give effect and validity to the equality of the rights of all contestants in a presidential or governorship elections, it has been held by the Supreme Court that immunity clause cannot be invoked in election petitions. Otherwise, public officers covered by the immunity clause may take advantage of their positions to rig elections and thereby sabotage the democratic process. The rationale for suspending the operation of the immunity clause during the hearing of election petition was explained by the late Justice Kayode Eso in Obih Vs. Mbakwe (1984) " 1 Like |
Re: The Limit Of Gov. Fayose's Legal Immunity By Femi Falana by OLADD: 12:56am On Jun 23, 2016 |
ashjay001: If you choose to be deceived by politicians who parade themselves as legal luminaries or social critics, that's your headache. Section 28 of the EFCC Act can only be invoked WHEN AN ACCUSED IS ARRESTED AND HIS ASSETS IS THEREAFTER SEIZED. The question is; was Fayose arrested for any criminal act? As far as the Ekiti election is concerned, justice has been served on all concerned parties through the tribunal. If Buhari and Falana want to constitute their own tribunal for retrial, good luck to them. This is not about Fayose but the law must not be trampled upon to score cheap political points or settle scores. No legal proceeding can be instituted against a sitting governor. Simple. 1 Like |
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