People are missing the point. The freezing of Governor Fayose's bank account is not an issue of constitutional immunity that he has under the law of Nigeria. It is not an issue of Whether a law enforcement agency can investigate a sitting governor who is conferred with constitutional immunity. The ISSUE IS : Does the EFCC have the power in law to freeze the bank account of a citizen - governor or not-without recourse to a court of law? The answer, in view of section 34(1) of the EFCC Act, is an emphatic "no". The EFCC Act is the law creating and guiding the EFCC. Therefore, the EFCC is a creation of law and must, at all times, act according to law and within the law, else it becomes a rogue agency. By the law stated above, the EFCC does not have any power to freeze the bank account of governor Fayose or any person without FIRST approaching a court of law to request the court to freeze the account. The court may refuse such a request and if so, that would be the end of the matter. It is ONLY when the court approves the request that the EFCC can approach the bank with the court order (not EFCC order) to freeze the account. As at this moment, the EFCC has not shown any evidence that It approached the court of law to freeze the bank account of Fayose. There is no court order served on the bank as mandated by law. The effect, then, is that the EFCC, under Buhari, is a rogue agency which is only interested in attacking the critics and enemies of the president. This should make everyone, irrespective of political and ethnic affiliation, concerned about the obvious erosion of the guiding doctrine of the rule of law under the present administration

I think they do

YES

Nigeria 1999 Constitution
Section 4 subsection 12(1)(k)

Compulsory Acquisition of Property

(1) No moveable property or any interest in an immovable property shall be taken possession of compulsiroly and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria, except in the manner and for the purpose prescribed by law that:


(k) Relating to the temporary taken of possession of property for the purpose of any EXAMINATION, INVESTIGATION or ENQUIRY















iff the citizen is under investigation which has to do with fund?

Feranchek:
I think they do

Not what you think sir. What does the law say?

Why are we becoming lawless in this country?

"Absolute power corrupts absolutely".

Yes EFCC can!

Read the law setting up the efcc instead of turning this platform to a kindergarten class. The allegations against fayose is grievous and most sincerely calls for sober reflection from all well meaning and patriotic citizens. From collection of the N650million from embattled Alex Badeh, to the rigging tape released by Capt Koli and the receipt of the illicit over a billion naira deposit from the looted money budgeted for arms procurement against Boko Haram, and his latest gaffe about the identity of a fraudster called Ms Aisha Buhari who he,Fayose, foolishly assumed to be the wife of the president thereby maligning and injuring the innocent Mrs Aisha Buhari because he is inexperienced and poorly schooled, the question we should be asking is "how did a character like this get to the exalted position of a governor? "

tomakint:
Yes EFCC can!

The power to freeze an account or confiscate any property by any commission is subject to the court's approval.

In the instant case, I think the EFCC may have gotten the court order because the bank can't act without a verified court order.

Any law enforcement agency can freeze an account but with a valid court order.

Deputyvictor:
YES
















iff the citizen is under investigation which has to do with fund?

Do well to support your view with relevant laws.

when Fayoses friends gathered to hear him speak

SMH for op

La la la la la...... I know there is Father-In-Law, Mother-In-Law, Sister-In-Law, Brother-In-Law.... Now according to the topic, I learnt there is also Power-In-Law....

Father-In-Law can be peaceful with the, "Let them be." lifestyle.
Mother-In-Law can chase son's wife away.
Sister-In-Law can support Mother-In-Law and quarrel with brother's wife.
Brother-In-Law can sit down watching drama in 6D.
Power-In-Law can freeze people's account.

Are you a lawyer? No evidence you say, so the EFCC should come and show you and your villagers the court papers? Let fayose take the EFCC to court if his right is trampled on and stop wailing on his behalf.



And for your info, fayose is just being investigated not prosecuted. Time for prosecution will follow when his immunity expires.



So he has such huge amount of money in the bank and cant pay salaries. What a THIEF 2

what do u think ,when we ar been ruled by an illiterate
both d law makers are senseless

gigabyte13:
Are you a lawyer? No evidence you say, so the EFCC should come and show you and your villagers the court papers? Let fayose take the EFCC to court if his right is trampled on and stop wailing on his behalf.



And for your info, fayose is just being investigated not prosecuted. Time for prosecution will follow when his immunity expires.



So he has such huge amount of money in the bank and cant pay salaries. What a THIEF 2

Having already established that under the
law,the EFCC MUST approach the court
before it can validly freeze the account of
anybody, the next issue is whether the
Commission can approach the court for
an application to freeze Fayose's account.
The answer to this question is an
emphatic "no".
We base our answer on the constitutional
immunity granted Fayose by sec 308 of
the current constitution of Nigeria.
The effect of that immunity is that Fayose,
as long as he remains governor, can not
be taken to court for any reason
whatsoever. The immunity offers
complete protection from court cases -
whether civil or criminal.
What this means is that no person,
including the EFCC, can approach any
court in Nigeria seeking any relief - civil or
criminal - against Fayose in his personal
capacity. You can not take Fayose to court
and the dilemma is : You can not freeze
Fayose's account without taking Fayose to
court.
It should be noted that this immunity
does not by any means prevent law
enforcement agencies from investigating
Fayose. . He can be investigated. But the
law is that he can not be taken to court as
long as he is a governor. You can
investigate him and take the file of your
investigation to court after he ceases to
be governor.
This means that if part of your
investigation involves approaching the
court to seek a relief against Fayose, then
You are immediately hampered and your
investigation, in that area, has come to an
end.
Whether You like it or not, whether it is
fair or not, that is how the law intends it.
It is called the rule of law. If you don't
like the law, you can go the the National
Assembly to change it. But as long as it is
not repealed, it remains effective and
must be obeyed by every person,
especially agencies of government
created by law.

Thanks OP. I fail to understand why the EFCC cannot follow basic procedures in the execution of its duties. What would it have cost them to get a court order to freeze his account?

the EFCC have no such power if we are really practing federal system of government

bnovative:


Having already established that under the
law,the EFCC MUST approach the court
before it can validly freeze the account of
anybody, the next issue is whether the
Commission can approach the court for
an application to freeze Fayose's account.
The answer to this question is an
emphatic "no".
We base our answer on the constitutional
immunity granted Fayose by sec 308 of
the current constitution of Nigeria.
The effect of that immunity is that Fayose,
as long as he remains governor, can not
be taken to court for any reason
whatsoever. The immunity offers
complete protection from court cases -
whether civil or criminal.
What this means is that no person,
including the EFCC, can approach any
court in Nigeria seeking any relief - civil or
criminal - against Fayose in his personal
capacity. You can not take Fayose to court
and the dilemma is : You can not freeze
Fayose's account without taking Fayose to
court.
It should be noted that this immunity
does not by any means prevent law
enforcement agencies from investigating
Fayose. . He can be investigated. But the
law is that he can not be taken to court as
long as he is a governor. You can
investigate him and take the file of your
investigation to court after he ceases to
be governor.
This means that if part of your
investigation involves approaching the
court to seek a relief against Fayose, then
You are immediately hampered and your
investigation, in that area, has come to an
end.
Whether You like it or not, whether it is
fair or not, that is how the law intends it.
It is called the rule of law. If you don't
like the law, you can go the the National
Assembly to change it. But as long as it is
not repealed, it remains effective and
must be obeyed by every person,
especially agencies of government
created by law.

So in simple English, according to your wtite up here, l can steal money now and put it In fayose 's account, we are both cool, since immunity covers him.