₦airaland Forum

mizzbouqui:

Fyn gal

We will remind him about this statement on September 10

pls what makes her controversial

Abi she don snatch?

Bhuahahahahaha diz guy get mouth ehn!

To where pls?

DONSMITH123:
Efforts made by Governor Ayodele Fayose to reverse the restriction order placed on his accounts frozen by the Economic and Financial Crimes Commission(EFCC) in Zenith Bank Plc was temporarily halted on Tuesday as the Federal High Court sitting in Ado Ekiti, deferred ruling on the mandatory order being sought to reverse the directive.
The EFCC had last week Tuesday allegedly frozen Fayose’s account numbers 1003126654 and 9013074033 in Zenith bank for alleged money laundering running into N1.2 billion being money allegedly taken from the $2.1 billion arms fund in the office of the former National Security Adviser, Col. Bello Dasuki.

Fayose through his lawyer , Mr Mike Ozekhome(SAN), had through an ex parte order deposed to on the 24th of June, 2016 by Bimpe Olatemiju sought a mandatory order unfreezing the accounts belonging and operated by him pending the determination of his interlocutory application.

Joined in the suit are the EFCC (1st defendant) and Zenith bank (2nd defendant).The order was supported by 18-paragraph affidavit , a lone Exhibit, which was a letter issued to Governor Fayose by Zenith bank confirming that the EFCC actually placed a restriction order on the accounts and a written address.

He also sought the leave of the court for the service of the originating summons on the defendants in their various addresses outside the jurisdiction of the court as contained on the order papers, supported by 17-paragraph affidavit.

Ozekhome said the order was brought pursuant to order 26 rule 8(1) of the Federal High Court Civil Procedure Rule 2009 and Section 44(1) of the 1999 constitution which gives the court the discretionary powers to adjudicate on such matter.

Citing the case of Abdulaziz Nyako Vs EFCC to buttress his position that the anti-graft agency has no power to freeze Fayose’s account without valid court order, Ozekhome added that the action was a flagrant negation of the Section 308 of the constitution, which conferred absolute immunity on the government against civil and criminal procedure.

http://dailypost.ng/2016/06/28/account-freezing-court-summons-efcc-puts-fayoses-mandatory-order-in-abeyance/

Where is the judgement?

I don't blame you but the mod that refused to push the more detailed thread to the FP.

Why cut out this part?


“I hereby order the 1st and 2nd respondents to appear before this honourable court on July 4, 2016 and show cause why the order should be refused.

“This is not a refusal of the order, I have not refused it, but I only put it in abeyance which I said without prejudice to what will be the position of the respondents

The Whistle
Chief Wole Olanipekun (SAN) says EFCC is wrong to freeze Fayose’s account

According to Olanipekun, the Supreme Court case of Fawehinmi v IGP (2002), which held that a sitting governor can be investigated while in office, might not be a direct authority to settle the question.

He said: “A case is only authority for what it decides. The present position is dicey and fluid. To my mind, any sitting governor who’s shown to have attracted illicit funds to his personal account can and should be investigated. But the cardinal question is: can his account be frozen without him knowing why it has been frozen by any agent or agency of government?“I rather think otherwise, as freezing of account presupposes that an application has been made to and granted by the court to so do.In addition , an enrolled copy of the order should be served on him , giving and specifying reasons for the freezing , so as to enable him challenge the order if he so wishes. All these conditions precedent have to be complied with as we operate a constitutional democracy rooted in the rule of law.

“On the flip side, it can also be argued that if a sitting governor can only be investigated for the time being as the constitution clothes him with immunity from any civil or criminal proceedings, is freezing of his account on the order of court not another way of subjecting him to criminal prosecution, contrary to the clear imperatives of the constitution?

“This is because there can’t be a freezing action without a prior court order; and for any freezing application to be filed in court, the name of the sitting governor has to stated as the defendant/ accused.”

He cautioned lawyers and commentators against “jumping into conclusion on any issue without weighing the implications of what we say or sell to the public.”

Femi Falana says EFCC is right to freeze Fayose’s account

Mr. Femi Falana, wednesday said the Economic and Financial Crimes Commission (EFCC) could investigate and prosecute him as a sitting governor.

Falana, a Senior Advocate of Nigeria (SAN), consequently cited diverse judicial precedents and legal instruments, which he said justified the decision of the anti-graft commission to investigate and freeze Fayose’s bank accounts.

He faulted Fayose’s reliance on section 308 of the 1999 Constitution to escape criminal investigation in a statement he issued yesterday, noting that immunity clause did not come to play in criminal investigation of a sitting governor or a sitting president.

He explained Fayose’s diverse criminal antecedents ranging from the looting of N1.2 billion from the state’s treasury in 2004 to alleged involvement in the murder of Tunde Omojola and the 2014 Ekiti governorship election rigging.

The human rights lawyer, thus pointed out that the EFCC was currently being investigated in connection “to a coup, which led to the re-election of Fayose” in the Ekiti State governorship held on June 21, 2014.

He explained that in view of the fact that the effect of section 308 of the 1999 Constitution “has been watered down, Fayose cannot invoke the immunity clause to shield himself from 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, the senior advocate argued that Fayose, who was a candidate of the Peoples Democratic Party (PDP) at the material time “is liable to be investigated.

“If he is indicted, 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. In his desperate bid to divert public attention from the ongoing investigation of the criminal diversion of public funds, 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 the Ekiti State governor, Fayose ought to be prosecuted for treason which arose from the electoral malfeasance.”

In support of his position, Falana observed that the senior lawyers, who had questioned the freezing of Fayose’s account on the grounds that the EFCC did not obtain a court order had not read section 28 of the EFCC Act thoroughly.

The section read: “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.”

Contingent on the section, Falana noted that 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.”

Aside, Falana cited different judicial precedents that justified the criminal investigation and prosecution of a sitting governor or a sitting president in connection to electoral malpractice, noting that immunity clause did not apply.

He cited the decision of Justice Kayode Eso in Obih vs Mbakwe; the judgment of Justice Oguntade in Turaki vs Dalhaltu, the decision of Muri Okunola JCA in Alliance for Democracy vs Peter Ayodele Fayose and another Supreme Court in Chief Gani Fawehinmi vs Inspector General of Police, among others.

In each of these judicial precedents, the senior advocate pointed out that the courts explained the rationale for suspending the operation of the immunity clause during the hearing of election petitions.

In 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.

http://www.thewhistleng.com/5112-2/?utm_source=&utm_medium=facebook

If its not Sahara Reporters sorry

Am not available

T

That millitary guy harsh oooo

jneutron4000:
Commot dere, Which GEJ? if no be thieve they worry all our Leaders this Project ought to have been completed even before Yaradua passed away. GEJ followed up on the Project yet could not complete it. Success of a project is not about initiating, working on it but the COMPLETION of it. GEJ that could not monitor his project, what gives us the assurance that if GEJ is still the President all the Contractors and the project Managements no go steal all the money finish

When did Buhari signed 2016 national budget?

Buhari sef

Thank God
I mistakenly upload my Nepa bill instead of my WASSCE

Progressive01:
When is the Albino going to send an SOS to governor Dickson on behalf of Bayelsa civil servants?? Shouldn't that be his primary concern

Continue typing rubbish just to gain "likes"
You guys politicize everything, may be you dont even know that Ben Bruce is more Lagosian than you

SamMilla1:
Wait a minute here.
You mean she never supposed to be responsible for any other human being in a society like Nigeria where government social security is non existent?

So you are telling me you don't do anything for any other person except you and your children?

How difficult is it to develop love?
If her own child does all that she accused this girl of doing, where would she chase her to?

All you this new generation evil silly girls should understand that anybody could be in any position anytime. That's how dynamic this is life.

Like I said, you half-brain non-functional dead woods should always remember that life is very short.

I didn't read where this OP said she is bringing one Kobo to the table, but she is angry her husband bought Gloceries for his uncle who must have had a hand in his upbringing. Or did she think the husband fell from the sky?

When God will bless you for puting up this ehn!!!
People will think its blood money.

Thanks for making my day

Phi001:
Do you know how stoopid you sound?

That guy is not stewp!d

Now because NDA asked a question the other time, they want to push everything to UN

When is Buhari arresting Fayose?
Stewp!d abok1

Imagine!!!
A minister of defence said that?

We. Are. Finished

Bedbugs?
Its been long i saw that ooo

People's governor

problem dey ooo...diz Okon Abang Sef

why is Buhari certificateless case taking till eternity?

obailala:
Just to clarify, the pope did not say it is not a sin, he has only said the church would be wrong to discriminate / condemn them; that should be left for God himself.

thank you for being the only one that understands what the pope said

Ed