hassan85:
WHY SHOULD A SITTING GOVERNOR STEAL UNDER D PRETEXT OF having IMMUNITY

HAS IT BEEN PROVING THAT FAYOSE STEALED ANY MONEY?

if ds steps are not taking, all we will be seeing is dem running to Dubai and UK after their tenors in office.

its was said to be illegal too to detain FFK, OLISA METUH, but till date, dey still can't defend demselves. let the FREEZING continue.

IF THE GOVERMENT FIND THESE PEOPLE WANTING WHY CAN'T THEY CHARGE THEM TO COURT?

i see no reason why an incumbent gov will seek clearance from the DSS before travelling. one thing about life, it gets to everybody.

Everything, both lawful and unlawful has became possible in the country. There are snares everywhere around everyone that catches those who are the target and not ....

[quote author=amtaken post=46768298]Thank God we still have sensible lawyers in Nigeria like Ozhekome and myself.

Why freeze his account when you can't prosecute him because of his immunity as a Governor?

Buhari's Government is setting a lot of very bad precedents and hardly follow the Rule of Law.

Common sense reveals that if the money in the account is illegal,it is better to be frozen for Govt to take over if not the owner will divert it . so in this case even if they can not prosecute the Governor,he should be prevented from accessing the fund until otherwise verified..EfCC to me as a lay an is right.

amtaken:

Why freeze his account when you can't prosecute him because of his immunity as a Governor?

am sure you arnt a lawyer, and even if you are one you are definitely not sensible.. So they shouldn't investigate him just becos he can't be on trial for now. Don't boda replyn me. Just use ur brain next time

keyzid:
Ok. If i understand what really is happening, he is only being investigated and his bank account has been listed among the evidences of the investigation which requires them securing it! Since he is not being prosecuted yet which is virtually impossible for an incubent/sitting governor, and is just an investigation process, his account will be feleased to him after the whole exercise. But lest i forget, thought some set of people said, Buhari doesnt care about Fayose......lol..... What a nation!
No government will ever stir or drive their administration properly without constructive criticism. Thats what keeps them in line from swaying

you must be plain point stupid and naive if you can call fayose's criticisms constructive. He keeps seeing problems and bad-mouthing the president of the country and defaming his character. He wrote a letter to china to try to counter loans buhari's solicit for them. Which civilized country does that? He's lucky he is in nigeria. If it was china r north korea, they would have executed him by firing squad. You r so blind and daft not to realize this and call his criticism constructive when his state is nothing to write home about. Please receive sense, you r too old to be playing dumb

Does the also immunity protect Aisha bull-hari
Bull-hari very soon u will chew what u can't swallow,

[quote author=kahal29 post=46768034]What Lawyers Say:

His account can be frozen—Sagay

The EFCC position was affirmed by Chairman, Presidential Advisory Committee on Corruption, Prof Itse Sagay, SAN, who said the commission had been empowered to freeze accounts or assets of anyone under investigation.

Sagay, who hinged his assertion on a Supreme Court verdict to buttress his point, said: “If the EFCC is investigating anybody and they have reasons to believe that somebody has acquired state assets for himself, they are empowered by the law to apply to a court to freeze those assets, including banking assets, pending the enquiry and possible trial. So, they have that power.

“For a governor, it is a unique situation, but the Supreme Court has already held that even if you enjoy immunity, you are also subject to being investigated. So, that would be one of the consequences of that investigation.”

EFCC can freeze a gov’s account during investigation —Ngige

Also throwing his weight behind Sagay’s submission, Chief Emeka Ngige, SAN, said: “If during an investigation the EFCC discovers that a particular account has been used for money laundering, the commission has the right to freeze the account pending the outcome of the investigation. It is not touching the account but just suspending the usage of the account.

“It does not matter whether the account belongs to a governor or not. I have said in the past that the Supreme Court had ruled in a past case that immunity shields governors from arrest and prosecution but not from an investigation.

“The apex court ruled that the governors have no immunity against investigation. The commission is empowered by the law to investigate governors and if in the course of their investigation, they find that an account has been used for money laundering they can freeze it.”

Lawyer and human rights activist - Tokunbo Mumuni, said:

“The fact that the governor is in power does not mean he cannot be investigated. This has been settled in the case of Fawehinmi vs. Tinubu. However, he has immunity from any prosecution. On the issue of his frozen account, if it is true, that means the anti-graft agency must have secured a valid court order. If this is not done, the exercise remains invalid and illegal.

“If the court feels that, indeed, there is a commission of a crime relating to the account or the owner of the account, the court has the power to freeze the account pending investigation. Like I said, there must be a valid order of the court, which must be the instrument to be executed.”

No big deal on frozen account —Chukwuma

Lagos lawyer, Nnamdi Chukwuma, said: “There is nothing big or serious about the freezing of an account belonging to a state governor. If it is his personal account, he is like any other bank customer, whose transaction is subject to extant laws. However, what is big is that the account cannot be validly frozen except there is an existing court order.

“The governor cannot claim political victimization, if the EFCC got a valid court order which will be based on the averment canvassed before the court. There is no court that can grant an order without being convinced of the facts presented before it.”

It’s illegal — Ozekhome

It is illegal and unconstitutional for the account of a sitting governor to be frozen while in office. The governor enjoys immunity under Section 308 of the 1999 Constitution and for whatever purpose, his account cannot be frozen. Section 308 of the Constitution grants immunity to the governor and his deputy just as it grants immunity to the President and his vice-president.

“You cannot freeze the account of a President while he is still in office just like you cannot freeze the account of a governor while he is still in office. You can wait till he leaves office. Since he enjoys immunity, the same thing applies to his finances and all his property.

“My take on this matter is that we should be very careful so that we don’t over-stretch our democracy or overheat the polity. The last time I checked, we are supposed to be operating a constitutional democracy that thrives on the rule of law as observers of human rights and not military dictatorship. I plead with President Muhammadu Buhari to call the EFCC to order as they are making Nigeria a laughing stock in the eyes of the international community " what is happening in Nigeria?

dustmalik:
Ozekhome is the only lawyer that said contrary to others, and we all know why that is. He is a pdp lawyer and a wailer.

Must everything be about PDP and APC to you people. So one cannot have a contrary opinion without being called names and tagged a PDP member? Should I also say that those lawyers that supported it are APC members? When will you start analysing issues without seeing it from APC point of view. Do you believe that everything done by this administration is right? It's time for you to start thinking

amtaken:
Those of us who think with our heads and not with our hearts still recognise witch-hunting when we see it.


Investigation ko vendetta ni.

And you call yourself a lawyer.......

Well there is nothing dictatorial about it, if Fayose does feel that his rights and privileges are been trampled upon then he should go through the proper channel for redress but until then he must prove beyond reason doubt allegations been pointed out to him.

PassingShot:

Baby lawyer, an account can be frozen for as long as necessary. No law specifies how long a suspected account may be frozen for.

If not frozen, how can it later be used as evidence after like five years?

We know Ozekhome to be a wailer and a PDP apologist anyway.

Amtaken have always been taken with nonsense.

kahal29:
What Lawyers Say:

His account can be frozen—Sagay

The EFCC position was affirmed by Chairman, Presidential Advisory Committee on Corruption, Prof Itse Sagay, SAN, who said the commission had been empowered to freeze accounts or assets of anyone under investigation.

Sagay, who hinged his assertion on a Supreme Court verdict to buttress his point, said: “If the EFCC is investigating anybody and they have reasons to believe that somebody has acquired state assets for himself, they are empowered by the law to apply to a court to freeze those assets, including banking assets, pending the enquiry and possible trial. So, they have that power.

“For a governor, it is a unique situation, but the Supreme Court has already held that even if you enjoy immunity, you are also subject to being investigated. So, that would be one of the consequences of that investigation.”

EFCC can freeze a gov’s account during investigation —Ngige

Also throwing his weight behind Sagay’s submission, Chief Emeka Ngige, SAN, said: “If during an investigation the EFCC discovers that a particular account has been used for money laundering, the commission has the right to freeze the account pending the outcome of the investigation. It is not touching the account but just suspending the usage of the account.

“It does not matter whether the account belongs to a governor or not. I have said in the past that the Supreme Court had ruled in a past case that immunity shields governors from arrest and prosecution but not from an investigation.

“The apex court ruled that the governors have no immunity against investigation. The commission is empowered by the law to investigate governors and if in the course of their investigation, they find that an account has been used for money laundering they can freeze it.”

Lawyer and human rights activist - Tokunbo Mumuni, said:

“The fact that the governor is in power does not mean he cannot be investigated. This has been settled in the case of Fawehinmi vs. Tinubu. However, he has immunity from any prosecution. On the issue of his frozen account, if it is true, that means the anti-graft agency must have secured a valid court order. If this is not done, the exercise remains invalid and illegal.

“If the court feels that, indeed, there is a commission of a crime relating to the account or the owner of the account, the court has the power to freeze the account pending investigation. Like I said, there must be a valid order of the court, which must be the instrument to be executed.”

No big deal on frozen account —Chukwuma

Lagos lawyer, Nnamdi Chukwuma, said: “There is nothing big or serious about the freezing of an account belonging to a state governor. If it is his personal account, he is like any other bank customer, whose transaction is subject to extant laws. However, what is big is that the account cannot be validly frozen except there is an existing court order.

“The governor cannot claim political victimization, if the EFCC got a valid court order which will be based on the averment canvassed before the court. There is no court that can grant an order without being convinced of the facts presented before it.”

It’s illegal — Ozekhome

It is illegal and unconstitutional for the account of a sitting governor to be frozen while in office. The governor enjoys immunity under Section 308 of the 1999 Constitution and for whatever purpose, his account cannot be frozen. Section 308 of the Constitution grants immunity to the governor and his deputy just as it grants immunity to the President and his vice-president.

“You cannot freeze the account of a President while he is still in office just like you cannot freeze the account of a governor while he is still in office. You can wait till he leaves office. Since he enjoys immunity, the same thing applies to his finances and all his property.

“My take on this matter is that we should be very careful so that we don’t over-stretch our democracy or overheat the polity. The last time I checked, we are supposed to be operating a constitutional democracy that thrives on the rule of law as observers of human rights and not military dictatorship. I plead with President Muhammadu Buhari to call the EFCC to order as they are making Nigeria a laughing stock in the eyes of the international community "


http://www.vanguardngr.com/2016/06/efcc-freezes-gov-fayoses-account/

Ajimobi the gap toothed thief and emperor should be investigated next. His account MUST be frozen. And I mean NOW!

Efcc go an seat on the ground. There is no reasoneabe reason apart from the fact that he opposes your god (buhari) and his nonsense apc change mantra. Keep deceiving the gullible apc tout. We the reasonable once in the zoo will always know the truth. You can't deceive all of us.

Although section 308 of the 1999 constitution gives immunity to serving governors, the EFCC spokesperson Mr. Wilson Uwujaren says such immunity does not stop a sitting governor from being investigated.


Lliterary meaning is that you can investigate a person that has immunity but cannot act on the outcome of the investigation, until when he or she leaves office. so what EFCC has done is nothing but witch hunting, illegal and persecution of PMB perceived enemies. And it will definitely back fire.
PMB is a dictator and will ruin this country if not checked now.

My advise to fayose, is to seek legal redress so as to forestall future occurrence, because if not he will try it on another Governor..

donodion:


Ok so you got nothing?. No proof of petition?.

LMAO!!!

Shior, shame on you !!!

I don swerve o o o hahahahahahahahahaha

Use google search and input d key words "Amaechi:Integrity group:EFCC.
I cannot begin to spoonfeed U.
For Fashola,use d key words "Fashola:CACOL:Corruption:
And pls,don't quote me again,pls,na beg I de beg.

Although section 308 of the 1999 constitution gives immunity to serving governors, the EFCC spokesperson Mr. Wilson Uwujaren says such immunity does not stop a sitting governor from being investigated.


Lliterary meaning is that you can investigate a person that has immunity but cannot act on the outcome of the investigation, until when he or she leaves office. so what EFCC has done is nothing but witch hunting, illegal and persecution of PMB perceived enemies. And it will definitely back fire.
PMB is a dictator and will ruin this country if not checked now.

My advise to fayose, is to seek legal redress so as to forestall future occurrence, because if not he will try it on another Governor..

It could be as a result of this https://www.nairaland.com/3178610/aisha-buhari-jefferson-bribery-fayose

deandavid:

You are one the reason i concluded that the law profession is one of the most useless professions after engineering in Nigeria. You guys are just too foolish. the NBA, the Judges and all the SANs are in this country and over the years all the wrongs and rot have been going on. its a shame.

Well spoken my brother.That is just the truth.You have said the truth and nothing but the truth, so help us God. Because of corruption, they have sold out themselves.

Nigeria is indeed a Banana Republic because I see no reason why a Serving Governor with Immunity could have his account freezed and we see nothing wrong with it?

Herdsmen killing innocent southerners/ Nigerians and we still see nothing wrong with it?

Economy nose diving and we see nothing wrong with it?

One sided corruption Attacks, we see nothing wrong with it?

No respect for the rule of law, and we see nothing wrong with it?

Promises made during campaigns, not fulfilled after winning and we see nothing wrong with it?

Insecurity being the order of the day and we see nothing wrong with it?

Painting Nigeria's image bad while abroad and we still don't see anything wrong with it?

Very soon we shall see nothing wrong with it...If you know what I mean.

The time to act is now because Nigeria belongs to all of us.

Khd95:
because the incumbent governor is a mediocre and a noise maker without any concrete development in his state ever since he assumed office,settled

if that's a viable to freeze even one naira of his accounts then u and your 'too know' country are in trouble.
Freedom of speech is d only tool that holds up a working democracy. If people are not watching and liable to speak out as they please then the government with be run anyhow not to talk of becoming a private property.

keyzid:
Ok. If i understand what really is happening, he is only being investigated and his bank account has been listed among the evidences of the investigation which requires them securing it! Since he is not being prosecuted yet which is virtually impossible for an incubent/sitting governor, and is just an investigation process, his account will be feleased to him after the whole exercise. But lest i forget, thought some set of people said, Buhari doesnt care about Fayose......lol..... What a nation!
No government will ever stir or drive their administration properly without constructive criticism. Thats what keeps them in line from swaying

And to you, Fayose is constructive in his criticism.

louqas:


Even though other lawyers quoted a supreme court ruling that clearly indicated the EFCC has not done anything wrong . Buhari government is only doing things according to law. Instead of fayose to prove any allegation agiainst him he is busy chasing shadows . People will only have sympathy for him if he is clean

Feel free to amend the constitution right there on your desk. Even the POTUS does not have immunity from being investigated. Majority of our youths are so backward in their way of thinking. Let's leave im so that he can do what ever he likes because of immunity. Na wa oo.

What do you call yourself? A layabout?

2baga:


And you call yourself a lawyer.......

You can keep insulting yourself.

Maybe if you understand why Governors, presidents etc enjoy immunity you will understand why a sitting Governor should not be DISTRACTED with witch-hunting cum investigation.


Read up!

Dandeson1:
am sure you arnt a lawyer, and even if you are one you are definitely not sensible.. So they shouldn't investigate him just becos he can't be on trial for now.

basadenet:
Although section 308 of the 1999 constitution gives immunity to serving governors, the EFCC spokesperson Mr. Wilson Uwujaren says such immunity does not stop a sitting governor from being investigated.


Lliterary meaning is that you can investigate a person that has immunity but cannot act on the outcome of the investigation, until when he or she leaves office. so what EFCC has done is nothing but witch hunting, illegal and persecution of PMB perceived enemies. And it will definitely back fire.
PMB is a dictator and will ruin this country if not checked now.

My advise to fayose, is to seek legal redress so as to forestall future occurrence, because if not he will try it on another Governor..

Cool down, read your comment again and see if you making sense.

I see a lot of signs of frustrations in your post.


How did you get to this level?

deandavid:

You are one the reason i concluded that the law profession is one of the most useless professions after engineering in Nigeria. You guys are just too foolish. the NBA, the Judges and all the SANs are in this country and over the years all the wrongs and rot have been going on. its a shame.

amtaken:
What do you call yourself? A layabout?

Don't mind the Zombie.


Because of the public outcry they will get a court oder this night and backdate it! GEJ asked us to choose between going forward or moving backwards, the Zombies and their slaves chose moving backwards for us and today one year after we are back to 1984!

The question is: Will he even get to 2019?


At the rate he's going impeachment is imminent.

Ahmeduana:

AM HAVING THIS GUT FEELING THAT apc IS SYSTEMATICALY ROASTING BUHARI BY THROWING HIM ROPE TO COMMIT SUICIDE, BY 2019 BUHARI WILL NOT BE MARKETABLE, because by then he must have done a good-bad job of turning himself to perishable or perished product that no one want to go close by an inch.

amtaken:
Thank God we still have sensible lawyers in Nigeria like Ozhekome and myself.

Why freeze his account when you can't prosecute him because of his immunity as a Governor?

Buhari's Government is setting a lot of very bad precedents and hardly follow the Rule of Law.

Only u And Ozekeme spoke against dis.Ozekeme reason I understand but urs I don't.aniway am glad even d Ipob lawyer concured?So u can oppose.but dis is a democracy!D majority won!

Buhari will look for ways to freeze more accounts of Fayose. Even if a court order is given to waive off the lien Buhari will look for new crimes to investigate.

That has been his modus operandi.

Remember Nnamdi Kanu, Dasuki, Olisa Metuh and Fani Kayode's cases.


To Buhari, criminal charges are unending.

greenpasture:


As a lawyer you would know that a freezing order is not a final adjudication or forfeiture of assets but an action taken to maintain the " res" or substance of a possible and future case. The argument is that should the res be compromised the substance of the case will be compromised.

It is highly likely that the account will will released in a few days after the EFCC might have taken a historical snapshot of all lodgements, the source of those lodgements and disbursements.

One of the benefits of BVN, nothing is hidden.

its no doubt d present administration under d leadership of president Muhammad buhari is very sentimental in d fight against corruption. i am not an advocate of corruption but PMB is expected to be just n Fair in its quest. ever since d day PMB began witch hunting dos who took share of the national cake,no one from APC party has been investigated. This suggests that APC is now a shield for corrupt political officers which automatically guarantee dem immunity against EFCC ,DSS,SSS. Nigerians will appreciate more pipu like Asiwaju bola tinubu, Rotimi amaechi,olagunsoye oyinlola are invited by anti graft agencies to give explanations on money DAT reportedly went missing when they were at helm of power.I submit

So says someone who's still battling to pass common NECO exams.

ba7man:
I'm sure you're one of those baby lawyers that carry files for real lawyers in the courts.