₦airaland Forum

The account has since been frozen by the anti-graft agency. As a sitting governor, Fayose cannot be prosecuted or arrested because he enjoys immunity. “His wife, however, has no immunity,” the source added.

BlackSeptember:
If the kleptomaniac is clean let her travel to US

BlackSeptember:
Tell her to travel to USA biko. I will pay for her expenses

BlackSeptember:
When will Aisha the great Kleptomaniac be prosecuted?

SeverusSnape:
They should also invite aisha buhari.

yak:
kk bro. the review I saw abt cubot in foreign sites seems positive. but it's like many Nigerians don't use it. I can't even get any user to talk abt it with

It is apparently clear that because of my stance to lead and make Nigerians have value for their votes

Sometime 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.

yak:
abeg share ur experience. what abt cubot H1 and H2

yak:
I am just like u but got some good review if bluboo, oukitel and few others. am looking @digging deep abt them

FLASH: Zenith Bank Plc denies funding Fayose's campaign says @GovAyoFayose wanted the bank to conceal how NSA funds was
laundered but they can't.

FLASH: Zenith Bank Plc sources said they handed @officialefcc all
documents required to nail @GovAyoFayose and that he was upset
about that.

FLASH: Zenith Bank Plc challenges @GovAyoFayose to publish his
bank statements for all his 3 accounts at the bank so the public
could see them.

Fayose: My election funded by Zenith Bank, donations
…Linking me with Obanikoro, Dasuki spurious
Ekiti State Governor, Mr Ayodele Fayose has opened up on how his
election was funded two years ago by the Zenith Bank Plc, fund
raising, donations from friends and associates as well as sales of
campaign souvenirs, saying; “I have no financial transaction
whatsoever with the Office of the National Security Adviser (ONSA)
under Col Sambo Dasuki (rtd) and former Minister of State for
Defence, Senator Musiliu Obanikoro either by cash, cheque or
electronic transfer.”
In a statement signed by his Chief Press Secretary, Idowu Adelusi, the
governor challenged the Economic and Financial Crimes Commission
(EFCC) to publish statements made by Senator Musiliu Obanikoro, his
son or any other person associated with money from the NSA office
where they claimed they gave him money for the election, adding that
“EFCC is only acting a movie scripted, produced and directed by the
All Progressives Congress (APC) government of President
Mohammadu Buhari just to silence me being a major opposition voice
in the country.”
On the alleged involvement of President Buhari’s wife, Aisha Buhari in
the Halliburton scam, the governor challenged the president’s wife to
visit the United States of America to convince Nigerians that she was
not the Aisha Buhari mentioned in the judgment, convicting William
Jefferson.
He said; “it is on record that the President has visited USA three times
and his wife did not travel with him. Equally, she ought to have
visited USA last year September to chair a United Nation programme
but she sent wife of the Senate President, Mrs Toyin Saraki to
represent her.”
The governor said; “the management of Zenith Bank, which majorly
funded my election, called me to a meeting where I was assured that
fund will be provided for my election. I was asked to nominate a
trusted ally to be related with and I nominated Mr Agbele.
“All the payments into Abiodun Agbele’s account domiciled in Zenith
Bank were directly from Zenith Bank. In actual fact, the account was
opened by Zenith Bank hurriedly at that time and Abiodun Agbele’s
identity card which ought to have been collected before the account
was opened was only collected last week in the bank’s desperation
to perfect the account obviously after submitting to the intimidation
and harassment of the EFCC.
“Most of the funds posted into Agbele’s account were through the
Ibadan, Akure and Lagos branches of the Zenith Bank and sometimes;
they brought cash.
“Assuming but not conceding that cash moved from Lagos to Akure
as being claimed by the EFCC in its usual manner of media trial, was
meant for my election in Ekiti, why was the cash not moved to Ado
Ekiti branch of Zenith Bank or the cash handed to me directly? Why
was it deposited into Zenith Bank, Akure and did the bank make any
report on the transaction to the appropriate authorities? Why did the
bank send its bullion van to move the money from Akure Airport to
their Akure branch if it was illegal money?
“I must say it categorically that I don’t have any link financially with
Obanikoro and I know as a fact that he (Obanikoro) has not; and
cannot mention my name, as beneficiary of whatever money any
company in which he has interest could have gotten from the ONSA if
truly Obanikoro collected money from the ONSA as being claimed by
the EFCC.
“Therefore, bringing Obanikoro and his son’s narrative or that the
Zenith Bank is telling different stories, having been blackmailed and
coerced into submission by the EFCC is a joke that will not fly.
“I wish to state further that if it becomes evidently clear that those
who willingly provided money for my election can no longer stand by
what they did, may be because of threat from the EFCC, I will not
hesitate to name names.”
The governor, who challenged the EFCC to also beam its searchlights
on the funding of APC elections, especially that of President Buhari,
said; “Since we are now in the era in which financial assistance from
Nigerians to fund elections is being criminalised, the international
community, especially those funding EFCC must insist that the
commission probes the funding of APC elections before further funds
are released to the commission.
“Most importantly, Nigerians are interested in the $60 million
allegedly donated to the APC campaign by Sahara Energy, on which
EFCC has been forced to suspend investigation.
He said it was obvious that he has become the main headache of
President Buhari’s government, adding that; “what they are doing now
is part of their grand plots to intimidate and harass me into
submission but I am not someone that can be cowed by threats of
incarceration and death.
“I advise that they should keep their gun pounder dry and wait till the
end of my tenure in 2018 and I want to assure them that I will be
available to answer any of their questions, no matter how
unreasonable.
“Furthermore, Nigerians should know that I have been persecuted by
the EFCC before, using phantom N1.2 billion poultry scam and I came
out victorious. I was not only acquitted, I got N10 million judgment
against the EFCC and my impeachment that was orchestrated by the
EFCC was quashed by the Supreme Court.
“Nigerians should recall that it was part of this plot to get back at me
because of my critical stance on Buhari’s government that the Ekiti
State House of Assembly was invaded by men of the Department of
State Service (DSS), placement of travel ban on me and lately, illegal
frozen of my account by the EFCC.
“I therefore make bold to state that in the overall interest of
democracy and well-being of Nigerians, I will continue to speak my
mind on issues bordering on governance in Nigeria. I will not be
intimidated!”

fulanimafia:
Mad dog = Assasination

Which faction of PDP is this for goodness sake