₦airaland Forum

Olusola Fabiyi, Abuja

The Ekiti State Government on Monday in Abuja described the arrest of two of its commissioners by the Economic and Financial Crimes Commission as unconstitutional.

The Commissioner for Finance, Toyin Ojo, and the Accountant General of the state, Yemisi Owolabi, were picked by the EFCC for allegedly misapplying the state’s resources.

Speaking at a press conference in Abuja on Monday, the Attorney General of the state, Mr. Kolapo Kolade, described the action of the EFCC as unconstitutional and a display of what he called executive lawlessness.
He said a subsisting court order was issued in 2016 by a Federal High Court in a suit FHC/AD/CS/32/2016 in which the EFCC was a defendant.

The order, according to him, barred the EFCC from “arresting, detaining or investigating any person or persons whether past or present officials in the Ekiti State Government without any report of indictment by the Ekiti State House of Assembly.”

The order of the court, he added, was duly served on the EFCC on November 7, 2016, adding that the order had yet to be vacated as of the time the officials were arrested by the EFCC.

The commissioner said, “Following the interim order, the EFCC wrote a petition to the chief judge of the Federal High Court for the transfer of the case to another Federal High Court judge and the case was subsequently transferred to the Akure Judicial Division of the Federal High Court.

“The Akure Judicial Division of the Federal High Court sat over the case on the 24th day of January, 2017 and re-emphasized the order made earlier by the Ado Ekiti Judicial Division of the Federal High Court.

“The case was adjourned till 15/02/2017 for hearing. However, the judge referred the case back to the chief judge of the Federal High Court to have a second look at the issue of transferring the case to the Akure Judicial Division of the Federal High Court.”

He added, “The order of the Federal High court has not been vacated till date. In other words, the issues of the arrest and or detention of the Ekiti State Government officials are subjudice.

“The EFCC is not above the law and the agency is bound to obey lawful orders made by courts as in this case.”

Speaking further on the alleged illegality of the actions of the EFCC, Kolade argued that going by Section 128(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria, it is the Ekiti State House of Assembly that has the responsibility to complain about any financial irregularity against the Ekiti State Government.

“It is only when there is any complaint by the Ekiti State House of Assembly to the EFCC and, or any other investigative agency that such agency can arrest or investigate any financial impropriety. Any provision of the EFCC Act that is inconsistent with the above cited provisions of the Constitution shall be void to the extent of its inconsistency.

“By the combined effect of the provisions of Sections 125 and 128 of the 1999 Constitution, it is the House of Assembly of Ekiti State that has oversight functions of the finances of the state and it is only when the House of Assembly complains or reports an indictment that the EFCC or any investigative agencies can take over.

“The EFCC has all opportunities of challenging or vacating the order which it has failed to do. It is crystal clear from the above that the EFCC, without any complaint from the House of Assembly of Ekiti State reporting an indictment, cannot investigate any financial impropriety against the Ekiti State Government or any of its officials.”

Source:http://punchng.com/arrest-of-commissioner-ag-unconstitutional-ekiti/

Nigerians don't fucking care about who is being arrested so far it's done in fairness and justice. Perversion of justice is what makes us raise eyebrow sometimes. Besides, apc gives one no choice with their usual propaganda.

Well it may be perverted... But he Toyin Ojo and the AG should be tortured in conjunction with the house speaker.... In fact they must provide the tools used to arrive at the State budgets yearly... What and when plus where did they deliberate upon the State budgets.... Those lawbreakers should be singing to jail..

Pensioners owed several months pays
Civil servants owed several months pays
Local government staff too

Yet they are building edifices worthless ones like the useless bridge to nowhere while simple roads are in tatters... Please take them away..... But EFCC is yet to arrest those who are really in the game... The beamlight is dim...

By the way... where's babachir lawal the grass cutter

My Able Governor have not spokened. When Governor Fayose speaks the fear of fayose will make them release him.

The State House of assembly members should also be carted away... Ask them for the minutes of meetings on the State budgets deliberations both at plenary and committee level..

Those lawbreakers committed crimes against the State...

It is in Fayose's interest to continue with the problem of Fayemi...

Buhari’s Government is terrorizing every Nigerians and yet some monkeys still support him

Optional09:
Buhari’s Government is terrorizing every Nigerians and yet some monkeys still support him

You must be one of them.

menstrualpad:
You must be one of them.

Hired monkey. Work, Work, Work

Optional09:
Hired monkey. Work, Work, Work

This is 4am I decree into your life the problems facing Ekiti State pensioners, civil servants and local government workers at the hands of fayose...

menstrualpad:
This is 4am I decree into your life the problems facing Ekiti State pensioners, civil servants and local government workers at the hands of fayose...

Into whose life, it’s 11:41 here dey there dey Mugu yourself

Optional09:
Into whose life, it’s 11:41 here dey there dey Mugu yourself

Great... But I really don't want to curse you. Hence I'll keep quiet...

“It is only when there is any complaint by the Ekiti State House of Assembly to the EFCC and, or any other investigative agency that such agency can arrest or investigate any financial impropriety."

So, Ekiti workers should suffer more than before?

Thief talking from both sides of his mouth. Prosperity will judge you and your pay master.

Kogi, Benue turn would reach soon.

kjsun15:
“It is only when there is any complaint by the Ekiti State House of Assembly to the EFCC and, or any other investigative agency that such agency can arrest or investigate any financial impropriety."

So, Ekiti workers should suffer more than before?

Thief talking from both sides of his mouth. Prosperity will judge you and your pay master.

Kogi, Benue turn would reach soon.

Are you minding the comedian?... He declared himself the House of Assembly Speaker and banged the gavel to pass the State budget...on video...

It is common knowledge that he tells them members that they're just appointees