₦airaland Forum

misterjosh:
the hon SAN addressed that... Go through the write-up again

Almaiga:
They say, he who comes to equity must come with clean hands. Fayose you see what you caused yourself? You are now the topic of discussion. You where busy ponting acusing fingers at pmb, you formed all sought of propaganda against the president. Now your time has come, enjoy the ride.

menxer:


If a state government account was frozen what is the noise about a culpable governor's account that is frozen then?

If Justice is not literal then it is injustice.

Reyginus:
Just a little correction, bro. The EFCC froze the Account of Adamawa State Government and not Nyako's. The two are entirely different. Nyako's account was not touched. It's good we don't misinform people.

You see, in this fight against corruption, if our method fall short of due process it becomes corrupting. The EFCC should have gotten a court order permitting the act. Any contrary act, like we have now, is both corrupt and corrupting.

A governor can be investigated, that's true. Where Falana fails is to tell us if it's right to freeze the account of a sitting governor without recourse of a court of law. We shouldn't corrupt the system in the name of fighting corruption. Let's follow due process.

Bodmas94:
. Bros go and section 28 of the EFCC again. For easy finding, it is contained in the article. It is only after the property has been seized that the EFCC is mandated to obtain a court order which is a condition subsequent.

Reyginus:
Where exactly did he 'clearly' say it?

menxer:
So you are saying the state governor is greater than the state by reason of the immunity clause?

If I got Falana's explanation well, a governor can be investigated, and in this case an ex parte order was obtained to freeze the account which contains alleged fraudulent funds.

Immunity is not a cover for impunity.

toposi4naija:
Mr Falana...yhu tried....lol I forqot yhu are now an APC member


this is why I keep saying there is nothing like human right activist.... They are only after their pocket

FG can't just freeze Fayose's account.... There should be a court order

Reyginus:
What are you saying?

spenca:
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 don't know the extent of clarity you expect other than this

Bodmas94:
It never crossed my mind that there is every possibility you may not understand a word of what I have to say. The learned ones would have understood perfectly. Notwithstanding, for humanitarian sake, I meant that by virtue of section 28 of the EFCC Act, the court order may only be sought after the property has been in the custody of the EFCC and not before the property is seized. The rationale behind this is to prevent the destruction of evidence which may be done when the sum of money in the account is withdrawn or transferred outside the jurisdiction of the agency which will like endanger any case which the agency might have against such culprit. With this, I hope you now understand all I have been saying all along. Thank you.

Reyginus:
Does the EFCC act submit to the law of Nigeria or the Law of Nigeria submit to the EFCC act?

wastedsperm:
Fayoshit is in trouble

Reyginus:
Does the law permit the freezing of a Governor's account without any court order?

sholatem:
Unfortunately he knew d hardship his people are facing in Ekiti,he goes from amala joint to fish seller,corn seller,depriving workers of their salaries,yet u are able to keep over 1billion in just 1 acct,dats wickedness of d highest order,who knows how many private acct he has with other banks( might not open them wit his name,u know?)It only takes a wicked soul like him to support him in dis mess

Bodmas94:
Sorry for asking, have you had any opportunity of going through the 1999 Constitution of the Federal Republic of Nigeria? I don't think so. Because if you had, you would have known that all other laws and subsidiary legislations are invalid and void to the extent of them being inconsistent with the Constitution. In other words, every law passed either by the national assembly or state assemblies are valid and of full effect so long as they are consistent with the Constitution. In this wise, section 308 of the Constitution only precludes a sitting president or governor from being PROSECUTED for any criminal offence in any court of law in Nigeria. Also, any civil proceedings is precluded from being brought against them. On the authority of several case laws, it is trite that an investigation does not constitute a prosecution. A prosecution is only set in motion when a person has been charged to court. Has Fayose been charged to court. It should be noted that the court order which the EFCC need obtain is an ex-parte application. That is, the application is heard without the presence of the governor being necessary. Once again, I hope I have done a meritorious service to the nation by enlightening you on this matter. Thank you for your time.

menxer:
You are dragging the discourse backward, reread Falana's expose.

Fayose said "Zenith bank funded his campaign," which I will assume goes to form the bulk of funds frozen; meaning he had no immunity when he committed the offence and can't be immune from its consequences.

Reyginus:
So how is the unlawful freezing of Fayoses account consistent with the constitution? Many words doesn't make a defense correct. You should try brief notes that attacks the question and red herrings. How is the freezing consistent with the constitution? And before you confuse yourself I don't have any problem with his investigation.

Bodmas94:
By virtue of the provisions of the 1999 Constitution, to wit, section 308, section 28 of the EFCC Act is not inconsistent with the Constitution as the matter contained in the section 308 of the constitution is in relation to immunity from civil or criminal proceedings. In the case of Peter Ayodele Fayose, an INVESTIGATION has only been carried out and NOT A CIVIL OR CRIMINAL PROCEEDINGS. Therefore, the only reasonable conclusion that could be reached here is that THE FREEZING OF PETER AYODELE FAYOSE'S ACCOUNT IS NOT UNLAWFUL. If he has any dispute with that, let him approach the court to seek redress.

NwaTeacher1:
Can you see the reason no lawyer can go to heaven. Falana you made all these investigations not to elleviate the suffering of an average Nigeria but to castigate, punish and dehumanize an innocent man just that he is saying the truth. Did Jonathan imprisoned Amaechi upon all that he did to him. No opposition politics again? Metuh, ffk, now fayose because they are outspoken

Reyginus:
Does this decree not request for a court order before a Governor's account is frozen? Yes or No. No long stories.

Reyginus:
Does this decree not request for a court order before a Governor's account is frozen? Yes or No. No long stories.

Bodmas94:
FYI, it's not a decree but an Act. The Act requires that the EFCC obtain a court order AFTER it might have sufficiently secured the property (in this case, frozen the account). I believe that is brief enough.

sholatem:
Unfortunately he knew d hardship his people are facing in Ekiti,he goes from amala joint to fish seller,corn seller,depriving workers of their salaries,yet u are able to keep over 1billion in just 1 acct,dats wickedness of d highest order,who knows how many private acct he has with other banks( might not open them wit his name,u know?)It only takes a wicked soul like him to support him in dis mess