ometime in 2004, Governor Ayo Fayose was reported by The News magazine to
have stolen N1.2 billion from the coffers of Ekiti State government. The brutal
killings in the state were also traced to a killer squad funded by the governor.
Embarrassed by the publication Mr. Fayose sued the magazine at the high court holden
at Ado Ekiti. Our law firm defended the magazine and pleaded justification. At the trial
of the case, the allegations in the publication were proved beyond any shadow of a
doubt. In dismissing the lawsuit, the trial judge said that Mr. Fayose had no reputation
worthy of protection by any court.
The allegation of the looting of the treasury of the state was investigated by the EFCC,
which proceeded to charge Mr. Fayose at the Federal High Court. The Police also
charged him with the murder of Tunde Omojola at the Ekiti state high court. Both
cases were pending in court when he contested and 'won' the Ekiti State governorship
election. Shortly thereafter, a young army officer, Captain Sagir Koli exposed the
involvement of some armed personnel led by General Aliyu Momoh in the coup which
resulted in the 're-election' of Governor Fayose. All the criminal suspects initially denied
their involvement in the criminal enterprise. But when confronted with the tape
recording of the plot to manipulate the election Mr. Fayose admitted that he took part
in the coup.
Based on the expose by Captain Koli the authorities of the Nigerian Army set up a
panel of enquiry to investigate the role of the armed soldiers in the violent subversion
of the democratic process in Ekiti State. The panel conducted the inquiry and identified
the military officers and men who participated in the coup which led to the pyrrhic
victory of Mr. Ayo Fayose. The report of the panel was submitted to the Chief of Army
Staff who promised to act on it by implementing its recommendations.
The indicted military officers and armed soldiers have since been flushed out of the
Nigerian army. Some of them were also referred to the EFCC for further investigation
over allegations of financial inducement and corrupt practices. The findings of the
Nigerian Army panel have been corroborated by Mr. Fayose's campaign manager, Dr.
Tope K. Aluko, who addressed several press conferences wherein he gave graphic
details of the illegal deployment of armed troops and criminal diversion of public funds
for the governorship election allegedly won by Mr. Fayose. In particular, he revealed
that the fund for the election was ferried to Ado Ekiti by a former minister who is
currently in self-exile in the United States.
While not challenging the allegation by the EFCC that the sum of N1.3 billion has been
traced to his personal account Mr. Fayose has attempted to hide under the immunity
clause to shield himself from the investigation. Contrary to the governor's claim he
does not enjoy immunity from investigation with respect to his criminal involvement in
treasonable conduct and corrupt practices. It is trite law that all the public officers
protected by Section 308 of the Constitution can be investigated for corruption and
other criminal offences. In Chief Gani Fawehinmi vs. Inspector General of Police (2002)
23 WRN 1 the Supreme Court held:
“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…The evidence may be useful for
impeachment purposes if the House of Assembly may have need of it. It may no doubt be
used for prosecution of the said incumbent Governor after he has left office. But to do
nothing under the pretext that a Governor cannot be investigated is a disservice to the
society.”
To ensure that the investigation of the public officers covered by the immunity clause
is not compromised by the executive the Chief Justice of Nigeria is empowered by
section 52 of the ICPC Act to appoint an Independent Counsel (who shall be a legal
practitioner of not less than 15 years standing) to investigate any allegation of
corruption against the President, Vice President Governor or Deputy Governor. The
ICPC is enjoined to cooperate fully with such independent counsel and provide all
facilities necessary for such independent counsel to carry out his functions. At the end
of the investigation, the Independent Counsel is required to make a report of the
findings to the National Assembly in the case of the President or Vice President and to
the relevant House of Assembly of a State 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) All NLR 134 at 148
when he said:
“With respect, to extend the immunity to cover the governors from being legally
challenged when seeking a second term will spell injustice. I am conscious of the fact
that in my interpretation of section 267 of the Constitution, I am giving that provision a
narrow interpretation. This is deliberate for in my view, in the interpretation of the
Constitution, care should be taken not to diminish from the justice of the matter, this is
not a case of a judge engaging in legislative process. ”
Similarly, in Turaki v. Dalhaltu(2003) 38 WRN 54 at 168 the Court of Appeal (per
Oguntade JCA (as he then was) had this to say:
“There is no doubt that a Governor by the force of section 308 of the 1999 Constitution is
immuned from civil and criminal proceedings for his personal acts but in proceedings in an
election petition or seeking to enforce rights appertaining to or arising from national
elections, no Governor in my view enjoys or can claim immunity. In an election matter, as
in this case, the right of the Governor to remain, such Governor, is in issue. If a Governor
were to be considered immune from court proceedings, that would create the position
where a sitting Governor would be able to flout election laws and regulations to the
detriment of other person contesting with him. This will make a nonsense of the election
process and be against the spirit of our national Constitution which in its tenor provides
for a free and fair election.”
In the case of the Alliance for Democracy v. Peter Ayodele Fayose (No 1) (2004) 26
WRN 34 the Respondent had challenged the issuance of a subpoena on him on the
ground that Section 308 has conferred immunity on him as a governor. While dismissing
the objection the Court of Appeal (per Muri Okunola JCA) held:
“…The provisions of section 308 of the 1999 Constitution of the Federal Republic of Nigeria
are not applicable to confer immunity on a State Governor in an election petition involving
his election to preclude the issuance of subpoena on him. Or put in another way: the
immunity provided by the provisions of section 308 of the Constitution of the Federal
Republic of Nigeria 1999 on a State Governor is put in abeyance when his election is being
disputed before an Election Tribunal as to make him amenable to being compelled by a
subpoena to tender document(s) or give evidence before the Election Tribunal.”
In view of the fact that the effect of section 308 of the Constitution has been watered
down, Governor Fayose cannot invoke the immunity clause to shield himself from an
investigation. Since the offences of fraud, treason and criminal diversion of public
funds were allegedly committed in connection with the 2014 governorship election in
Ekiti state, Mr. Fayose who was a candidate of the PDP at the material time is liable to
be investigated. And if he is indicted Mr. Fayose ought to be prosecuted by the EFCC
since the immunity of a governor is put in abeyance when the legitimacy of his election
is in dispute.
Finally, in his desperate bid to divert public attention from the ongoing investigation of
the criminal diversion of public funds Mr. Fayose has attempted to link me with his
indictment by the Nigerian Army and the EFCC. Notwithstanding that the allegation is
completely baseless I fully support the investigations. I do not need to instigate the
anti-graft agencies to enquire into the activities of a serial treasury looter. Having
admitted his involvement in the coup which occurred in Ekiti State, which culminated in
his emergence as governor Mr. Fayose ought to be prosecuted for treason which arose
from the electoral malfeasance.

Mr Falana, your press release statement is meant to enlight, ipob youth, ipad youth, ipod youth, iphone youth, blackberry youth, massROB youth, wailing wailer, wailing zombie, wailing mourner, ekpa, e-chest beaters, pdp keyboard warriors, flattinos, 5percenters, Lagos' gala and fanyago sellers, ugandas, lost yeasrelite, kobokobo, ajeokuta mamumi, yamiri, self acclaim woman's impostor helo (ojukwu) and omo yeebos, from the land of rising criminals, palm tree roof republic, red mud, world filtiest village (Aba), erosion ravage, bend and select mud house, biafraudu, apu eaters republic, headqaurter of baby factories, world capital region of drug smugglers, all around the globe prisons's developers and landlords a.k.a inmates, delusion followers of nnaMAD kunu, landluck villages and worshippers of stupid okrika babiala deity.

Aso O bomoye MO, omoye ti rin hoho woja. Fayose has finally entered the market square and from folklores any madman that enters the market is incurable. Lobatan

Falana, PMB, Aisha go to hell... I stand for Fayose..

Fayose a crazy silly lazy mad dog = AISHA BUHARI 2016

sLentlover7778:
Falana, PMB, Aisha go to hell... I stand for Fayose..

U go stand tired continue

Hmm IFAYOYISE don enter am

One chance fayose