Two lawyers, Ebun-Olu Adegboruwa and Kayode Ajulo have said that the freezing of Ekiti State Governor, Ayo Fayose’s account is illegal.
Fayose’s account was frozen by the anti-corruption agency on Monday, June 20, 2016.
“For the court to make an order, there must be papers (court process) filed in court and signed by the judge. Section 308(1)(a) says no suit can be instituted against Fayose in any court in Nigeria. So, no process of court can be issued, signed or served, if it bears Fayose’s name, in his personal capacity,” Adegboruwa said according to Daily Post.
“By sections 26-34 of the EFCC Act, a suspect must have been arrested for his account to be frozen. By section 308 of 1999 Constitution, Fayose cannot be arrested and his bank account cannot be frozen. We must encourage EFCC to act according to law, or else we go into full blown dictatorship.
“There is no controversy in this matter. EFCC should de-freeze the account, pile up its investigations and wait for Fayose to complete his tenure. Pure and simple,” he added.
Ajulo made his response via a statement. It reads:
This indeed came as a shock considering the personality involved, a sitting governor that enjoys immunity till the determination of his office as governor of a State in Nigeria.
It is the law that to freeze an account, there must be an order of court for the attachment of the bank account. It is also trite that for the court to make such order, there must be papers (court process) filed in court and signed by the judge.
By the provision of Section 308(1)(a) of our Constitution as amended no suit can be instituted against Ayodele Fayose and/or any Nigerian governor in any court in Nigeria.
Therefore, no process of court can be issued, signed or served, against Ayodele Fayose in his personal capacity, whereas the bank account in question is his personal account as such in his personal name.
Moreover, sections 26-34 of the EFCC Act, established a process to be followed that is, a suspect must have been arrested for his account to be frozen however section 308 of 1999 Constitution, exempted Ayodele Fayose from those could be arrested and his bank account cannot be frozen.
It behoves on all right thinking Nigerians and law abiding individuals and corporate entities to ensure and insist that EFCC acts according to the law of the land and adheres to best international standard and practice. It should be warned that EFCC is gradually turning into an unchecked tyrannical monster.