eyeview:
Has anyone noticed that those apc fans who were calling for GEJ's head because of some hours of blackout are all of a sudden very 'comfortable' with days of total uninterrupted blackout.
Isn't that hypocrisy?

The people who were enraged when the price of fuel was reduced from N97 to N87 by GEJ,stating that the reduction wasn't enough now comfortable with an increase to N145 even with the huge fall in the price of oil in the international market.

I still want to know the juju that apc used to effect this kind of zombeism(inability to think independently and objectively). Tinubu will know more about that dept.

360frolic:
http://www.newshelm.com/2016/06/photo-amazing-transformation-of.html

EzePromoe:
DONE

knightsTempler:
You are freezing Fayose's account knowing you cannot bring him to court in any way and manner? To what end then?

entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -
Bros u do well,but I didn't see u quote where it says immuity covers one against investigation?quote dat or just keep mum.
(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

lilzcee:
Witch hunting

eyeview:
Has anyone noticed that those apc fans who were calling for GEJ's head because of some hours of blackout are all of a sudden very 'comfortable' with days of total uninterrupted blackout.
Isn't that hypocrisy?

The people who were enraged when the price of fuel was reduced from N97 to N87 by GEJ,stating that the reduction wasn't enough now comfortable with an increase to N145 even with the huge fall in the price of oil in the international market.

I still want to know the juju that apc used to effect this kind of zombeism(inability to think independently and objectively). Tinubu will know more about that dept.

Arsewipemod:
Wizard-looting! Anybody wizardlooting should be witchhunted!

Victorvexz:

And did Buhari tell u he will stay in power forever?. Even if he loose next election, nobody will put him in jail for corruption or anything, so far as his clean

PassingShot:
We love him even more.

PDP can go and hang if they like.

Victorvexz:

And did Buhari tell u he will stay in power forever?. Even if he loose next election, nobody will put him in jail for corruption or anything, so far as his clean

knightsTempler:
You are freezing Fayose's account knowing you cannot bring him to court in any way and manner? To what end then?

entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -

(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

PassingShot:

Only the corrupt and thieves support PDP and all the bad things it stands for.

Make una enter Lagos lagoon.

PassingShot:
We love him even more.

PDP can go and hang if they like.

koboko69:


Myopic liar. Some hours of black out? Lol. Laughable. Let Avengers keep bombing, no problem.
As for fuel price, we know FX is the main issue for the spike. And it has started dropping. Have ur hero saved enough and not open for Dansuki and the likes, FX will be much more available.
U can masturbate and wail over nothing all u want. A new and better Nigeria is in process. Good day!

tmtech:
comparing Bihari with Hitler because is trying to recover our stolen yams at the federal level from the goats, dats ridiculous.. u still av ur freedom to tweet na .. when u seize power again, try do d same ... recover our yam..
Sai bubu

eyeview:
Has anyone noticed that those apc fans who were calling for GEJ's head because of some hours of blackout are all of a sudden very 'comfortable' with days of total uninterrupted blackout.
Isn't that hypocrisy?

The people who were enraged when the price of fuel was reduced from N97 to N87 by GEJ,stating that the reduction wasn't enough now comfortable with an increase to N145 even with the huge fall in the price of oil in the international market.

I still want to know the juju that apc used to effect this kind of zombeism(inability to think independently and objectively). Tinubu will know more about that dept.

Magnitki:


The Juju is called Integrity & Transparency

dayohope1:
PLEASE READ THIS AND CRITICISE. THERE IS A BINDING PRECEDENT;

This question was answered emphatically in the affirmative by the Supreme Court of Nigeria in the celebrated case of Fawehinmi v. Inspector General of Police (2002) 7 NWLR (Pt.767) 606. The brief facts were that the late renowned human rights lawyer, Chief Gani Fawehinmi SAM SAN, by a letter dated 21st September, 1999 brought a criminal complaint against the former governor of Lagos State, Senator Bola Ahmed Tinubu, alleging grave criminal infractions and asked the police to investigate the allegations. Following the refusal by the police to accede to his request, Chief Gani filed an originating summons on the 7th of October, 1999 at the Federal High Court, Lagos wherein he sought among others, an order of mandamus compelling the Inspector General of Police, the Commissioner of Police Lagos State and the Nigeria Police Force (respondents) to investigate his allegations. The suit was dismissed by the Federal High Court following a preliminary objection by the respondents on the ground that by virtue of the immunity provisions of Section 308 of the Constitution, Tinubu who had assumed office as the governor of Lagos State could not be investigated on the said allegations.

Dissatisfied, the appellant challenged the judgment at the Court of Appeal. In its judgment, the Appeal Court held that Section 308 of the Constitution does not protect a governor and the other persons covered by it from criminal investigation. However, an order of mandamus was refused. Still dissatisfied, Gani approached the Supreme Court on the issue of mandamus. The respondents (the police) on their part filed a cross-appeal on the part of the judgment of the Court of Appeal, which declared that immunity does not cover investigation.

Delivering the leading judgment of the seven-man panel of the Supreme Court on Friday 10th day of May, 2002 on whether a governor can be investigated, Justice S.O. Uwaifo, J.S.C (as he then was), held inter alia:

"That a person protected under section 308 of the 1999 constitution, going by its provisions, can be investigated by the police for an alleged crime or offence is, in my view, beyond dispute. To hold otherwise is to create a monstrous situation whose manifestation may not be fully appreciated until illustrated. I shall give three possible instances. Suppose it is alleged that a Governor, in the course of driving his personal car, recklessly ran over a man, killing him; he sends the car to a workshop for the repairs of the dented or damaged part or parts. Or that he used a pistol to shoot a man dead and threw the gun into a nearby bush. OR THAT HE STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK or used it to acquire property. Now, if the police became aware, could it be suggested in an open and democratic society like ours that they would be precluded by section 308 from investigating to know the identity of the man killed, the cause of death from autopsy report, the owner of the car taken to the workshop and if there is any evidence from the inspection of the car that it hit an object recently, more particularly a human being; or to take steps to recover the gun and test for ballistic evidence; and generally to take statements from eye witnesses of either incident of killing. OR TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK or for acquiring property, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY; or of the property acquired? The police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available. The evidence or some aspect of it may be the type which might be lost forever if not preserved while it is available..." (Emphasis mine).

In the instant case, does the freezing of the account of Governor Fayose fall within the investigative powers of the EFCC or is it illegal as declared by Fayose?

The Supreme Court had correctly stated the position in Fawehinmi's case supra that "criminal proceedings" as envisaged by Section 308 (1) (a) of the Constitution will only arise when a charge is brought. In rejecting the respondents' argument that investigation was part of criminal proceedings, the Apex Court cited with approval the decision in the American case of Post v. United States (1896) 161. U.S. 583; 16 Court Reporter, page 611 at 613, in which it was held -

"Criminal proceedings cannot be said to be brought or instituted until a formal charge is openly made against the accused, either by indictment presented or information filed in court or at the least, by complaint before a magistrate..."

Since investigating a governor is permissible, does an application to the court for power to freeze the account of a governor under Section 34 (1) of the EFCC Act violate Section 308 (1) (c) of the Constitution which states that "no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued"?

The answer is indisputably in the negative (it is "Capital No". This is because the law expressly states that the application should be made in the absence of the owner of the account, that is, ex-parte. If the EFCC seeks to freeze the account of a governor, there will be no process requiring or compelling the attendance of the governor since same is ex-parte and not on notice. Therefore, Section 308 (1) (c) is neither applicable nor violated in any way.

Freezing of accounts serves principally two purposes. First, by freezing a suspect's account, the commission prevents the suspect from accessing, operating and drawing money from the account which may ultimately be forfeited to the government if the suspect is eventually prosecuted and convicted. Immunity clause cannot prevent the EFCC from securing and preserving monies found in the account of a governor provided the Chairman of the EFCC is satisfied that the money is proceeds of crime. Second, the money is frozen for preservation and use as evidence during a trial.

From the foregoing, it is clear that there is no provision in Section 308 of the Constitution that is offended by the freezing of the account of a governor. There is no argument about the fact that freezing of bank accounts of persons who are under criminal investigation is merely an interim, precautionary and necessary step preparatory to arraignment and prosecution. Interestingly, an illustration was given by Justice Uwaifo J.S.C. (as he then was) in Fawehinmi's case of an instance where it is alleged that a governor "STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK". His Lordship in his prophetic wisdom rightly stated that a "monstrous situation" will be created if the police (in this case the EFCC) is unable "TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK" or "AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY".

According to an online newspaper, Sahara Reporters, "Sources at Nigeria's premier anti-corruption agency, the Economic and Financial Crimes Commission (EFCC) have revealed that a personal account at the Zenith Bank of Nigeria of Ekiti State Governor, Ayodele Fayose, was frozen in connection with over N1.2billion he took in 2014 from the disgraced National Security Adviser (NSA), Sambo Dasuki, to prosecute his re-election as governor." If this was the basis upon which the EFCC Chairman became satisfied that the money in Fayose's bank account is/was made through the commission of an offence under the EFCC Act or other applicable laws, nobody could question him, except the court.

Governor Fayose has not been invited for interrogation by the EFCC; he has not been arrested or imprisoned; no criminal proceedings has been commenced against him, and clearly no process of a court requiring or compelling his attendance in court has been issued or applied for. These are the only things and actions that Section 308 of the Constitution forbids. The Supreme Court in Fawehinmi's case supra declared that a governor can be investigated in any manner, provided it does not lead to any these limited situations. The Apex Court emphasised that these limited situations must not be extended under the guise of liberal interpretation of the Constitution.

Wiseandtrue:

And you that support APC is not corrupt
My brother corruption runs in both parties make no mistake

nairaman66:


I am really ashamed this is coming from PDP!! They held Nigerians hostage for 16 years!!! Everything crumbled under them!! Why are they crying foul now?

They cannot even settle their internal rift and conduct themselves in a good light before everyone! This is how they lost the last elections because they were concentrating on brain washing Nigerians that the APC is evil, thesame thing PDP is guilty of!!

Buhari is not a saint though, but too early to give him a bad name! After his first term, we can all draw to a conclusion..

kryptonian1987:


so you think the corrupt politicians and leaders are only in PDP?
do you know how many thousands of corpers' annual allowees Ameachi siphoned when he was rivers state governor to fund Buhari's presidential bid? if you don't know, just try to confirm from your friends and family; especially those who served during 2013-15.
if really Buhari is a good man, I don't think he would be playing a one sided prosecution just as we seeing so.
check the few APC members he's persecuting, you will notice they are being investigated either because they n Buhari have a divergent ideas or just like the Saraki's case

Ngokafor:




...You are right,thats why i never ever believe any thing coming from them...They are truely a lost cause,the worst liars and most pathetic propangandist...unfortunately karma is already dealing with them and their failed party apc..

..Their apc-led goverment at the moment is confused and dis-oriented with failure at every turn hitting them left,right and center...overwhelmed,they are going back to some Gej's policies they hitherto condemned as we speak with little or no blue-print of their own.

...check out the clowns on Fayose thread about aisha buhari..screeching all over the place like retards like they would ask questions themselves if the report was from say aregbesola on Patience Jonathan...You will never see the iddiots condemn wrong-doings of their evil party but expect others to do same...yeye zombies.

PassingShot:
We love him even more. If it takes a tyrant to make treasury looters and corrupt politicians vomit part of their stolen wealth, so be it.

Beside the noisy lie that PMB disobeys court orders, no any cogent evidence supporting the claim.

Fayose, just as other governors, have immunity against prosecution. EFCC also has legal right to freeze any suspected account irrespective of who the owner is.

In this case, EFCC says it has very credible evidence that Fayose received security money from ATM Dasuki and the thugnor never even denies it. Should he now be allowed to still enjoy the money despite enjoying immunity against prosecution?

Mourning wailers and PDP can go and hang if they like.