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What Does The Law Say About Government Freezing Fayose's Account - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / What Does The Law Say About Government Freezing Fayose's Account (1846 Views)

Court Summons EFCC For Freezing Fayose's Account / How EFCC Traced 1.3billion NSA Funds To Fayose's Account In Picture / Why We Froze Gov. Fayose's Account - EFCC (2) (3) (4)

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What Does The Law Say About Government Freezing Fayose's Account by Built2last: 11:13pm On Jun 20, 2016
You are freezing Fayose's account knowing you cannot bring him to court in any way and manner? To what end then?

entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -

(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

The most important order Buhari should give now is to military board to release his WAEC result.

While we play politics with this, and viewing it on the prism of APC versus PDP, our democracy is gradually sliding into the cesspit of tyranny while we cheer PMB up....tyranny starts gradually. ...it will soon go round...check history, every tyrant gets to a point where they are scared of their own shadows. They begin to suspect close allies and consequently luck them up. APC leaders should stop PMB before its late. This thing will go round. Hope it won't be too late.

The constitution is clear on how to handle criminal issues. Gather all admissible evidence, arrest, charge to court, prosecute . Anything outside this process is tyranny.

Call me wailer call me zombie. Our democracy is going down and constitution is becoming tatters

12 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by tundesto(m): 11:17pm On Jun 20, 2016
Well said

2 Likes

Re: What Does The Law Say About Government Freezing Fayose's Account by goonsmi: 11:20pm On Jun 20, 2016
karma is dancing kukere on fayose's head.





Fayose that is shouting immunity forgot Tinubu was protected and under immunity when he detained and harassed Tinubu for attending a burial ceremony in Ekiti as a Lagos state governor during fayose's first short lived tenure of office.

2 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by MalcoImX: 11:20pm On Jun 20, 2016
Are you asking learned men to help you out or you already know the answer?
Re: What Does The Law Say About Government Freezing Fayose's Account by Masculity(m): 11:22pm On Jun 20, 2016
One thing is certain anybody that eat our yam must vomitam.

1 Like 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by babadee1(m): 11:23pm On Jun 20, 2016
Is Fayose going to be a governor forever? No. There is nothing in the section of the law quoted which prevents EFCC from freezing a governor's account in the process of an investigation. Once his tenure is over the case against him can proceed and he can be charged to court.

2 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by DaniDani(m): 11:31pm On Jun 20, 2016
The certificateless despotic dullard is busy making more enemies as the day goes while zombies are cheering him up for destruction

5 Likes

Re: What Does The Law Say About Government Freezing Fayose's Account by marv1: 11:49pm On Jun 20, 2016
Is fayose the only pdp gov in nigeria? Let him not wail if he has no skeleton in his cupboard. When he went on his disgraceful trip to china with a letter against the president and sovereignty of nigeria he didnt remember the law. By the time they are true with him he will learn how to conduct himself in public space and respect his mother without mention of pampers. Useless gov that is so arrogant and proud. That money u think u have made, that is making u boastful and proud let see how u will spend it. if u dont leave office disgracefully then thank ur star. Fayose was not the only person that collected money from Gej mimiko also collected huge sum from gej but fayose want to show that he has guts against fg. Go ahead and let see who will use the law best to his advantage.

1 Like 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by Pheals(f): 11:53pm On Jun 20, 2016
Politician palava ! Leave it to them. They are playing games
Re: What Does The Law Say About Government Freezing Fayose's Account by dustmalik(m): 12:01am On Jun 21, 2016
Nonsense. The law states that, even with immunity, sitting Presidents, Governors can be investigated, but can't be prosecuted. It's in the same vain that their accounts can be frozen without prosecution.

4 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by marv1: 12:01am On Jun 21, 2016
DaniDani:
The certificateless despotic dullard is busy making more enemies as the day goes while zombies are cheering him up for destruction
how many friends has fayose made for himself by negligence to pay workers 6mths salaries and not waiting for what comes from abuja. Rather he has created more enemies for himself. Instead of going to china to import technology to improve agriculture, he went to china to submit a letter against a sovereign nation his country. The exact treatment that he can never tolerate from another person. Only time will tell who has actually created enemy for himself.

2 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by Abeymills(m): 12:42am On Jun 21, 2016
We all saw how gudluck played his politics even ametif bubuharis ATM insulted challenge d sitting president his state fund was not withhold nor travel ban placed on him but wat do we have NW d dullard certificateless clueless president playing god history holds it of hw tyrants end we shall c

1 Like 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by Abeymills(m): 12:42am On Jun 21, 2016
We all saw how gudluck played his politics even ametif bubuharis ATM insulted challenge d sitting president his state fund was not withhold nor travel ban placed on him but wat do we have NW d dullard certificateless clueless president playing god history holds it of hw tyrants end we shall c...
Re: What Does The Law Say About Government Freezing Fayose's Account by Compliant(m): 12:52am On Jun 21, 2016
AS FAR AS I KNOW , FAYOSE IS ALREADY A GUNNER

NEXT, ALL HIS ASSET WOULD BE FROZEN AND WE WILL WAIT FOR HIM TO COMPLETE HIS TENURE AFTER WHICH HE CAN NO LONGER ENJOY IMMUNITY THEN WE PUT HIM WHERE HE BELONG AND THROW THE KEY TO THE LAGOON

2 Likes

Re: What Does The Law Say About Government Freezing Fayose's Account by AbuMaryam1(m): 1:03am On Jun 21, 2016
@ Op, what matters is the money not FAYOSE, if FAYOSE as a governor has immunity the stolen fund has no immunity. Shike nan.

1 Like

Re: What Does The Law Say About Government Freezing Fayose's Account by mikolo80: 1:07am On Jun 21, 2016
Built2last:
You are freezing Fayose's account knowing you cannot bring him to court in any way and manner? To what end then?

entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -

(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

The most important order Buhari should give now is to military board to release his WAEC result.

While we play politics with this, and viewing it on the prism of APC versus PDP, our democracy is gradually sliding into the cesspit of tyranny while we cheer PMB up....tyranny starts gradually. ...it will soon go round...check history, every tyrant gets to a point where they are scared of their own shadows. They begin to suspect close allies and consequently luck them up. APC leaders should stop PMB before its late. This thing will go round. Hope it won't be too late.

The constitution is clear on how to handle criminal issues. Gather all admissible evidence, arrest, charge to court, prosecute . Anything outside this process is tyranny.

Call me wailer call me zombie. Our democracy is going down and constitution is becoming tatters
was the democracy going up bfor.
the Augean stable needs to be cleaned by any means necessary
Re: What Does The Law Say About Government Freezing Fayose's Account by mikolo80: 1:11am On Jun 21, 2016
DaniDani:
The certificateless despotic dullard is busy making more enemies as the day goes while zombies are cheering him up for destruction
he is making enemies yet he is being praised.
you're confused
BTW fayose is not more enemies
he is one of 4 or 5 yam eaters.
metuh and ffk are cooling their heels.
soon they will all learn that you cannot talk with hot stolen yam burning in your mouth

2 Likes 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by SpeedyConnect(m): 1:36am On Jun 21, 2016
dustmalik:
Nonsense. The law states that, even with immunity, sitting Presidents, Governors can be investigated, but can't be prosecuted. It's in the same vain that their accounts can be frozen without prosecution.
Its a lie. The law couldn't have contemplated that persons who enjoy immunity could have their bank accounts frozen or property confiscated. It undermines that immunity and defeats its essence.

2 Likes

Re: What Does The Law Say About Government Freezing Fayose's Account by aloeman15(m): 1:45am On Jun 21, 2016
Right is right, wrong is wrong.
Just as jungle justice against a criminal is wrong, so is 'using any means' to prosecute a sitting governor.
Both of them are INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
So people, please-
STOP SELLING YOUR BIRTHRIGHT!
mikolo80:
he is making enemies yet he is being praised.
you're confused
BTW fayose is not more enemies
he is one of 4 or 5 yam eaters.
metuh and ffk are cooling their heels.
soon they will all learn that you cannot talk with hot stolen yam burning in your mouth

2 Likes

Re: What Does The Law Say About Government Freezing Fayose's Account by bashydemy1: 2:05am On Jun 21, 2016
Built2last:
You are freezing Fayose's account knowing you cannot bring him to court in any way and manner? To what end then?

entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -

(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

The most important order Buhari should give now is to military board to release his WAEC result.

While we play politics with this, and viewing it on the prism of APC versus PDP, our democracy is gradually sliding into the cesspit of tyranny while we cheer PMB up....tyranny starts gradually. ...it will soon go round...check history, every tyrant gets to a point where they are scared of their own shadows. They begin to suspect close allies and consequently luck them up. APC leaders should stop PMB before its late. This thing will go round. Hope it won't be too late.

The constitution is clear on how to handle criminal issues. Gather all admissible evidence, arrest, charge to court, prosecute . Anything outside this process is tyranny.

Call me wailer call me zombie. Our democracy is going down and constitution is becoming tatters
OP sorry i dint get you, Do you mean because Fayose is a Governor and cover by immunity they should not freeze his account? Did EFCC arrest him? No and you know why? he is cover by that same immunity and mind you, Immunity does not cover his bank account that rigorous money was trace to immunity only cover the office he occupy. Evidence is against him now and the account will be freeze till he complete his tenure.
Re: What Does The Law Say About Government Freezing Fayose's Account by mikolo80: 2:07am On Jun 21, 2016
aloeman15:
Right is right, wrong is wrong.
Just as jungle justice against a criminal is wrong, so is 'using any means' to prosecute a sitting governor.
Both of them are INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
So people, please-
STOP SELLING YOUR BIRTHRIGHT!
I give up.
you're not ready for a developed Nigeria in your lifetime.
the end justifies the means in my book
Re: What Does The Law Say About Government Freezing Fayose's Account by bashydemy1: 2:16am On Jun 21, 2016
Abeymills:
We all saw how gudluck played his politics even ametif bubuharis ATM insulted challenge d sitting president his state fund was not withhold nor travel ban placed on him but wat do we have NW d dullard certificateless clueless president playing god history holds it of hw tyrants end we shall c
Look at this one ooo, Did the FG withhold Ekiti state allocation? NO. Did GEJ Government trace any fraudulent money to Ameachi personal account? No But mind you they make River state ungovernable for Ameachi hope you remember but same never happen in Ekiti or did FG send any minister to torment Fayose like GEJ/PEJ send Mba, Wike and even mama PEJ to torment Ameachi.

1 Like 1 Share

Re: What Does The Law Say About Government Freezing Fayose's Account by bashydemy1: 2:19am On Jun 21, 2016
Compliant:
AS FAR AS I KNOW , FAYOSE IS ALREADY A GUNNER

NEXT, ALL HIS ASSET WOULD BE FROZEN AND WE WILL WAIT FOR HIM TO COMPLETE HIS TENURE AFTER WHICH HE CAN NO LONGER ENJOY IMMUNITY THEN WE PUT HIM WHERE HE BELONG AND THROW THE KEY TO THE LAGOON
Thank you mt brother, Mind you he might not even complete his tenure, Remember it was almost the same way and reason eh was impeached the first time? First time he said he use #1billion to build a poultry and OBJ was marveled. Now it's #1.2billion. Mind you so many of Ekiti State House of Assembly Member are guilty and case will be set up against them and they will either run to Fayemi or Tinubu and the only thing that can safe them is to impeach the ponmo Governor. Same happen in 2006..
Re: What Does The Law Say About Government Freezing Fayose's Account by olasmith10(m): 2:28am On Jun 21, 2016
When a drum beats too much, it will tear..
Re: What Does The Law Say About Government Freezing Fayose's Account by cicero27(m): 5:17am On Jun 21, 2016
Immunity only avails for him and not his bank account.
Re: What Does The Law Say About Government Freezing Fayose's Account by Ahmeduana(m): 6:44am On Jun 21, 2016
So, because we demand Buhari's certificate they countered us with Saraki/Ekweremadu trial, now Fayose account frozen... Barrister Nwkocha is also been threatened and warned for instituting the certificate case against Buhari....!? Must all of us support Buhari...? This inept government never see anything!

1 Like

Re: What Does The Law Say About Government Freezing Fayose's Account by todaynewsreview: 3:18pm On Sep 18, 2016
Pheals:
Politician palava ! Leave it to them. They are playing games

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