₦airaland Forum

You can agree with me that they won't be investigated unless they criticise Buhari's Government. Right?

mu2sa2:
The others have not been declared innocent. One by one the noose will tighten and you will see many high profile criminal prosecution. Men, Pmb means business with these crooks.

When will EFCC freeze Amaechi,Fashola and Fayemi's accounts or even investigate them?
Are there not numerous petitions against those ppl?
We're slowly sliding into a dictatorship where all opposition are viciously silenced.

In fact i don't no while some of you people turn your head down like a bat like this, have you personally write a petition on those people you mention to the efcc? while can't you people let us join our hands together and fight corruption once and for all. Did you people think that it was the Nigeria President that is fighting corruption in this country? if you don't no today please know as i am telling you. It is the Almighty God that is fighting against the people that they are thinking they have power than the God that created them. It is God by himself that elected PMB in power by himself.

even the so called SANs are defending evil.

amtaken:
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 is his modus operandi.

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


To Buhari, criminal charges are unending.

I respect your right to your opinion.

Sorry but you need to go back to Primary School to learn the use of punctuation marks. I can't read your post.

okpor2:
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!

What I don't understand is why they like suffering and smiling. Most of them come here to defend APC on empty stomach for no reason. I guess they are really the zombies that they are called.

knightsTempler:
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!

I've never heard Efcc investigate APC party members, it's only opposition parties and those not loyal to APC party leaders I'm not saying they should not investigates fayose but let their be an equilibrium

Fayose don enter Wahala

dokiOloye:
When will EFCC freeze Amaechi,Fashola and Fayemi's accounts or even investigate them?
Are there not numerous petitions against those ppl?
We're slowly sliding into a dictatorship where all opposition are viciously silenced.

IPOB spotted

Its unfortunate what is going on in dis country. PMB wants to run a govt without opposition. Fayose is d last man standing for the opposition. I pray for PMB to succeed but know that not everybody must like what you do. Leave fayose alone he is not your problem, face the economy and security issues and not fayose sir.

Let them come out with their revelations. We are waiting!

amtaken:
He violated RULE 9 when he HACKED into my comment, changed the word sensible into CRIMINAL to make it appear as if I called myself a CRIMINAL.

Hahaha were you not the one who identified yourself with a public figure with questionable character? you don't even know what hacking means.
cry baby

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.

See Ibo sense! So, you want a criminal to dispose of the evidence first, spend, transfer or launder the money in the account before starting or during investigation, so Nigeria or EFCC can come up short? Is it that people that think like these have no brains to think or that the majority do not have superior intelligence to see through your lies? Assuming only N500 M (not N 1 B+) was found in the account, even before completion of investigation, where would a governor get that kind of money legitimately if he were not stealing money or involved in corrupt practices? Do you even know the salary of a governor? While stealing all these monies, the Ekiti civil service are not being paid salaries, no project on ground to justify allocations received but stomach infrastructure photos of Fayose giving out 2 peak milk tins of rice and a rat looking premature chicken and cutting of ponmo in the market! Does that make sense to you?

If a thief breaks into your house and robs your family at gunpoint, after raining slaps and bearings on the entire family (a whole Ekiti state for example), the police are aware but they tell you they are investigating it while the thief is disposing of the stolen goods, all the cuts and body injuries healing up (evidence disappearing) and 8 years later, after you and your family already moved on to another place or state because of the losses and trauma (new governor or government), the police now starts investigation, would that make sense to you?

It is time people like you and Ezekhome borrow sense to think objectively! A few years ago, this same lawyer was kidnapped with his sons and nearly killed but he was released because the kidnappers thought he was a honest lawyer, advocating for the majority of ordinary people but now it is clear he is just another corrupt PDP lawyer. If they ever kidnap him again, he has played his hand wrongly this time, and he will be lucky if they don't take all his corrupt PDP money and unleash their frustrations on him.

[b]CHAI !!!
Dictator Buhari can not stand any opposition.
That is too bad, damned too bad for our democracy.
Under Obasanjo, sitting governors Bola Tinubu and Orji Uzor Kalu were real thorns in his flesh, but he never did anything close to this.
Under Jonathan, Amaechi was a thorn in his flesh, yet he couldnt do something similar to this.

Buhari is busy hounding every dissenting voice. Looking for trouble everywhere. How on earth is he ever gonna succeed this way?

Those applauding him on shall soon make the man over reach himself and self-destruct. His health in just one year is already showing signs of over reach.

The Nigerian democracy consistently improved from 1999 - Obasanjo to Yaradua to Jonathan, but in just one year of Buhari everything is retrogressing - that is too bad.

In 2016 Nigeria the truth is that Buhari's style of Tough Dog approach to everything is unsustainable. This is only one year. If he continues this way he will surely over reach himself, self-destruct- and crash - End of story, another person will take over. We deh here deh watch.. Egwu adighu at all.[/b]

kahal29:
Nigeria's anti-graft body the Economic and Financial Crimes Commission has opened up why the account of Buhari's fiery critic was frozen.

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.

The EFCC says it decided to freeze Gov. Fayose account because it has sufficient evidence that some suspicious lodgments were traced to the account
His words: “It is true that we have frozen Governor Fayose’s account in connection with an ongoing investigation. We will soon release the details of our findings to the public.

“We froze the account because Fayose has no immunity against investigations.

“Let me clarify that the 1999 Constitution does not grant immunity to governors or public officers against investigation.

“The governors and others enjoying the immunity clause in Section 308 cannot be prosecuted. Therefore, Fayose cannot stop EFCC from doing its job.”

Asked if the amount in the Post No Bill ( PNB ) account was up to N1.3billion as being speculated, Uwujaren said: “Certainly, some amount was frozen in Fayose’s account but I cannot say the exact amount till tomorrow (today).”

A top official, who spoke in confidence, said: “It became necessary to freeze the account following clues on alleged suspicious lodgments.

“We will release the facts soon to Nigerians to appreciate the extent of our investigation.”

Governor Fayose has been having a running battle with the Federal Government over his anti-Buhari stance.

Recently, the governor was placed under security watch by the Federal Government and told point blank that he could not travel out of the country unless he seeks a clearance from the Department of State Security.

Many see this latest incident - freezing a sitting governor's account as one of the moves to muzzle the dissenting voices - a said pointer to the fact that Buhari is running a dictatorial government.

http://dailyglobewatch.com/index.php?url=2016/06/why-we-froze-gov-fayose-s-account-efcc.html

Clearly, 8uhari's war on corruption is partial. Fayose cannot be the only governor with such ''suspicious'' fund lodgement.

Such supreme court pronouncement is full of ambiguity. What effects wI'll it be to investigate someone u can't prosecute, as law stipulates. They should have in the matter of honesty waited till he ends his tenure if such decision is not to witch-hunt. Honestly we are yet to see difference between this government and the previous ones. It is like we are experiencing continuity of inherent evil trend that has been existing in this nation.

dokiOloye:
When will EFCC freeze Amaechi,Fashola and Fayemi's accounts or even investigate them?
Are there not numerous petitions against those ppl?
We're slowly sliding into a dictatorship where all opposition are viciously silenced.

seriously viciously silenced with lies n propaganda. Apc govt is demonic

for those who are willing to update their history class and knowledge on constitution ..kindly read this extract
#copied#
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.

So buhari is really shamelessly going after his opponents so brazenly.
Only a liar and a pretentious person will act like they don't know what this is. Keep supporting tyranny and megalomania. After he consumes his opponents (if he's able to get that far) and there's no one left for him to attack, he will turn on his followers and make life very miserable for those who don't kneel down and say and prayer to him every morning and evening.

This man has a mental problem. He has a god complex and that will be the undoing of this country. Someone who believes he's always right and detests criticism so badly cannot make a democratic leader. Nigerians were warned. Leopards can't change their spots.

dokiOloye:
When will EFCC freeze Amaechi,Fashola and Fayemi's accounts or even investigate them?
Are there not numerous petitions against those ppl? We're slowly sliding into a dictatorship where all opposition are viciously silenced.

Don't talk without reasoning my brother. We are not sliding into any dictatorship. The constitution is there to guide our actions. The court is there. Nobody stops Fayose from going to the court if he feels his rights are being trampled. Jonathan cared less about fighting corruption and now we have someone who cares about how our commonwealth is being used, so what's your problem? Buhari/APC won't remain in office forever, so why not pray the next administration would have the will power to investigate Buhari or the present APC administration when they leave if they choose not to investigate their party men? We should be thankful that Buhari is setting a precedence so one day, Amaechi and coy would also be investigated. If their hands are clean, you will know. It's a matter of time. For today, let Buhari do his job. Don't forget that he knows that when he leaves office, the incoming administration would like to investigate his government. So let's support them. I like what's going on. Nigeria shall be great again

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

Yes.

Ozekhome law practice thrives in aiding and abating treasury looters and felons, his comment is in keeping with his tradition. The earlier he learns from Riky Tafa the better, they cant fool us all the time.

Nigerians never learn from history - God help us

Fayose account can be frozen there is nothing big or illegal their ones a court has granted EFCC to carry on with it, it is valid

Mr efcc chairman,what have u done with d petition giving to u against Rotimi Amaechi?Why are u bias,why are u shielding him?It is unfortunate dat efcc has compromised because it is being teleguided by Buhari,what a shame?It's abysmal,it's terrible.

blazetitov:
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 is this one saying?
"Feel free to amend the constitution right there on your desk"

dokiOloye:
When will EFCC freeze Amaechi,Fashola and Fayemi's accounts or even investigate them?
Are there not numerous petitions against those ppl?
We're slowly sliding into a dictatorship where all opposition are viciously silenced.

It started with Kanu, now its fayose, i wont be surprised if it wont be our common sense man. Abacha military rule, season 1

“We will release the facts soon to Nigerians to appreciate the extent of our investigation.”

PLEASE BEFORE YOU RELEASE THE DETAILS OF YOUR "SCARY" INVESTIGATION ON FAYOSE'S ACCOUNT MAKE SURE THAT THE DETAILS OF THE IS PROMISED AND CONCEALED NAMES AND ACCOUNTS BEHIND THE RECOVERED LOOTS ARE LAID BARE BEFORE US FIRST. WE ARE SO MUCH INTERESTED ON "FULL DETAILS" WHAT IS GOOD FOR THE "BONY FACE" IS GOOD FOR THE "BONY ASS".

kstix:
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

And you must be plain inane and asituos if you can't point out where i said Fayose has a constructive critics. Why are people so daft and foolish and all they wait for is any chance of supporting this government at any instance of critics against it? man, look here, im in a very good mood. I don't usually do this....buh i would have redirected you to your source bearing. Goat

EFCC making Nigeria a laughing stock in the eyes of the international community