EFCC freezes Fayose's account
Tue Jun 21, 2016 07:39:am Politics
2.2K By Buchi Obichie
The Economic and Financial Crimes Commission, EFCC, yesterday, froze the personal accounts of Governor Ayodele Fayose of Ekiti State and those of some of his associates.
A visibly surprised Fayose showed up at the premises of Zenith Bank in Ado-Ekiti where his personal account is lodged, after being informed by a bank source that the commission had ordered his account frozen.
Speaking at the banks' premises, the Governor claimed to have gotten prior notice of the Presidency's plans to freeze his account.
Fayose described the action as criminal and illegal, and said he had earlier issued a counter cheque to make a withdrawal, which was rejected by the bank located in Onigari, GRA in Ado-Ekiti.
He urged the Federal Government to fight corruption within the ambits of the law, chided the 'rascality' of the EFCC, and stated that he had immunity as a Governor under the constitution.
He said: "I got wind of the fact that the EFCC had placed restriction order on my personal account and that of my associates. I came here today (yesterday), and I have been able to see it. This action shows that this government has no respect for the constitution because I enjoy immunity under Section 308.
"I support government fighting corruption, but it has to be within the ambit of the law. You can investigate me; it is their right, but they have to wait till 2018 because I will be done by then. They should not be in a hurry because I will personally come to them for investigation.
"I have become a public figure in this country that I don't have anywhere to run to. This rascality of EFCC must stop. If they like, let them investigate the whole world. Is it because they are the sitting government now that nobody can ask them questions? We will take every legal procedure to get things right.
"I am not leaving this bank until they give me a statement of account. They must put it into writing because EFCC has no right under the law to freeze my account. They did not communicate with me. They want to destabilize the state, and we will use all legal means to make them obey the constitution. They can investigate me, but they can't coerce me."
Head, Media and Publicity, EFCC, Mr Wilson Uwujaren, when contacted, stated that while Government executives could no be prosecuted during their tenure, they had no immunity on investigations. He stated: "Under the constitution, government executives don't have immunity on investigation. They can be investigated while in office but can't be prosecuted. Also, an account can be blocked during investigation."
Prof Itse Sagay, SAN who is the Chairman, Presidential Advisory Committee on Corruption, also affirmed the position of the EFCC.
Sagay, who hinged his assertion on a Supreme Court verdict to buttress his point, said: "If the EFCC is investigating anybody and they have reasons to believe that somebody has acquired state assets for himself, they are empowered by the law to apply to a court to freeze those assets, including banking assets, pending the enquiry and possible trial. So, they have that power.
"For a governor, it is a unique situation, but the Supreme Court has already held that even if you enjoy immunity, you are also subject to being investigated. So, that would be one of the consequences of that investigation."
Another SAN, Chief Emeka Ngige, also affirmed the EFCC's position, saying: "If during an investigation the EFCC discovers that a particular account has been used for money laundering, the commission has the right to freeze the account pending the outcome of the investigation. It is not touching the account but just suspending the usage of the account.
"It does not matter whether the account belongs to a Governor or not. I have said in the past that the Supreme Court had ruled in a past case that immunity shields governors from arrest and prosecution but not from an investigation.
"The apex court ruled that the governors have no immunity against investigation. The commission is empowered by the law to investigate Governors and if in the course of their investigation, they find that an account has been used for money laundering they can freeze it."
A visibly surprised Fayose showed up at the premises of Zenith Bank in Ado-Ekiti where his personal account is lodged, after being informed by a bank source that the commission had ordered his account frozen.
Speaking at the banks' premises, the Governor claimed to have gotten prior notice of the Presidency's plans to freeze his account.
Fayose described the action as criminal and illegal, and said he had earlier issued a counter cheque to make a withdrawal, which was rejected by the bank located in Onigari, GRA in Ado-Ekiti.
He urged the Federal Government to fight corruption within the ambits of the law, chided the 'rascality' of the EFCC, and stated that he had immunity as a Governor under the constitution.
He said: "I got wind of the fact that the EFCC had placed restriction order on my personal account and that of my associates. I came here today (yesterday), and I have been able to see it. This action shows that this government has no respect for the constitution because I enjoy immunity under Section 308.
"I support government fighting corruption, but it has to be within the ambit of the law. You can investigate me; it is their right, but they have to wait till 2018 because I will be done by then. They should not be in a hurry because I will personally come to them for investigation.
"I have become a public figure in this country that I don't have anywhere to run to. This rascality of EFCC must stop. If they like, let them investigate the whole world. Is it because they are the sitting government now that nobody can ask them questions? We will take every legal procedure to get things right.
"I am not leaving this bank until they give me a statement of account. They must put it into writing because EFCC has no right under the law to freeze my account. They did not communicate with me. They want to destabilize the state, and we will use all legal means to make them obey the constitution. They can investigate me, but they can't coerce me."
Head, Media and Publicity, EFCC, Mr Wilson Uwujaren, when contacted, stated that while Government executives could no be prosecuted during their tenure, they had no immunity on investigations. He stated: "Under the constitution, government executives don't have immunity on investigation. They can be investigated while in office but can't be prosecuted. Also, an account can be blocked during investigation."
Prof Itse Sagay, SAN who is the Chairman, Presidential Advisory Committee on Corruption, also affirmed the position of the EFCC.
Sagay, who hinged his assertion on a Supreme Court verdict to buttress his point, said: "If the EFCC is investigating anybody and they have reasons to believe that somebody has acquired state assets for himself, they are empowered by the law to apply to a court to freeze those assets, including banking assets, pending the enquiry and possible trial. So, they have that power.
"For a governor, it is a unique situation, but the Supreme Court has already held that even if you enjoy immunity, you are also subject to being investigated. So, that would be one of the consequences of that investigation."
Another SAN, Chief Emeka Ngige, also affirmed the EFCC's position, saying: "If during an investigation the EFCC discovers that a particular account has been used for money laundering, the commission has the right to freeze the account pending the outcome of the investigation. It is not touching the account but just suspending the usage of the account.
"It does not matter whether the account belongs to a Governor or not. I have said in the past that the Supreme Court had ruled in a past case that immunity shields governors from arrest and prosecution but not from an investigation.
"The apex court ruled that the governors have no immunity against investigation. The commission is empowered by the law to investigate Governors and if in the course of their investigation, they find that an account has been used for money laundering they can freeze it."
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