₦airaland Forum

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".


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.

The question then is? Has any of the protections given to Governor Fayose by Section 308 of the Constitution been taken away by the EFCC?

The answer is NO.

http://saharareporters.com/2016/06/21/analysis-constitutional-validity-freezing-governor-fayoses-bank-account-inibehe-effiong

cc: Mynd44, Lalastiscala, Ishilove

He should be sent to jail sef.

We all knew before.. Some people will not agree sha

sometyms i wonder how this pple sleep.knowing fully well ekiti pple ave nt beem paid for months and goin tovd extend of mocking them by joinin the strike.
heartlessness at it peak

project8:
sometyms i wonder how this pple sleep.knowing fully well ekiti pple ave nt beem paid for months and goin tovd extend of mocking them by joinin the strike.
heartlessness at it peak

Well put.

Fairytales:
He should be sent to jail sef.

The immunity factor will not allow that