There have been lots of arguments on the legality or otherwise of the freezing of Fayose's personal accounts by the EFCC. Fayose and his supporters opined that since a Governor enjoys "absolute" immunity, non of his property can be seized until he vacates office, meanwhile, opponents insists that a governor can be investigated, and freezing of an account is part of investigation and not prosecution.

This is Fayose's quote on the issue;

“It was ‎when I got a hint of their move that I wrote a cheque to withdraw some money from the account and I came myself. I was denied access to the account as I was told the EFCC has placed restriction on it. That is executive rascality taken too far.”

“Section 308 of the 1999 constitution gives me immunity just like the president. I wouldn’t know why these people are intolerant of others and in a haste.”

“Let them wait till 2018 when I will end my tenure for them to do their investigati‎on. The other time the EFCC accused me of embezzling N1.2 billion poultry project fund, I was the one who voluntarily reported myself to the EFCC. When I had case with EFCC my properties were not affected.”

This is a very illogical reasoning, is Fayose and his supporters telling us that all his properties are covered by immunity? Are his Cars, Furniture, his family and even his pets covered by immunity?

Lets give 3 scenarios;
Suppose that a Governor's son, in the course of driving the governor's personal car recklessly ran over a man, killing him, the police on getting to the scene of the accident decides to take the car to their station for forensic investigations, is Fayose saying the car can not be impounded because the car enjoys immunity along with him? Does the immunity cover his son also?

The Governor himself used a pistol to shoot a man dead and threw the gun into a nearby bush. If the police should find the gun, is Fayose saying the gun cannot be impounded by the police for further investigations because the gun was registered in the governor's name?

If the EFCC has evidence that a GOVERNOR STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK UNDER HIS NAME, is Fayose saying that the police or the EFCC should not freeze the account pending the conclusion of their investigations. Will the money (evidence) be still intact after the end of the governor's tenure?

I am appalled that people use technicalities and legalities as an excuse to commit and condone criminality, if Fayose and his supporters says a governor and all his properties should have absolute immunity from prosecution and investigations, then nothing stops a governor or president from stealing all the state's resources and commit heinous crimes and use his remaining time in office to destroy and eliminate all evidences.

EFCC : YOU STOLE 4.7 BILLION


FAYOSE : I AM UNDER IMMUNITY , AISHA TOO IS A THIEF.

Arms fund na hin personal property?

Fayose, got it wrong this time. EFCC is right in what they are doing. Fayose, Buhari is not after you, you are after yourself and EFCC must come for you. 4 yrs as a leader is just like 4 months and Fayose should be waiting for the time to go to Kirikiri.

Op, has done justice to this and I am glad this is coming from an intellectual telling Fayose and his likes that you cannot eat your cake and have it.Immunity does not cover your property and family. Fayose's rants goes to show his ignorance of the said law he is quoting.

Especially if the account happens to have a balance of 1.6Billion Naira. Ekiti State IGR monthly is about 400 million naira on average. Imagine if only Fayose is keeping a state's IGR of 4 months. The bank even said the account is very active, with money coming in and going out in no time.

This is a clear case of money laundering, and Fayose was trying to be too smart by being the one to raise the alarm.
1.6 Billion naira. And he still had the guts to mock Ekiti state workers by saying he is going on strike with them.

If i understand those supporting Fayose, they are saying that if Fayose imports a cargo full of hard drugs, those hard drugs can't be seized because they belong to Fayose and that he is covered by immunity? That seems to be the logic of the wailers and those supporting Fayose.

dustmalik:
If i understand those supporting Fayose, they are saying that if Fayose imports a cargo full of hard drugs, those hard drugs can't be seized because they belong to Fayose and that he is covered by immunity? That seems to be the logic of the wailers and those supporting Fayose.

According to them, the container can only be seized after Fayose leaves office, as Fayose's immunity covers his containers too.

I am utterly shocked that supposed lawyers including so called SANs talk like illiterates. I can excuse Fayose's ignorance but I cannot excuse lawyers who are supposed to read and understand the law.
The constitution never gave "absolute" immunity to governors and even the president. Here was what justice Uwaifo, J.S.C., who read the lead judgment of the supreme court in fawehinmi v IGP said;

Suppose it is alleged that a Governor, in the course of driving his personal car, recklessly ran over a man, killing him; he sends the car to a workshop for the repairs of the dented or damaged part or parts. Or that he used a pistol to shoot a man dead and threw the gun into a nearby bush. Or that he stole public money and kept in a particular bank or used it to acquire property. Now, if the police became aware, could it be suggested in an open and democratic society like ours that they would be precluded in section 308 from investigating….? The police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available…. 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://sebastinehon.com/a-dissestion-of-section-308-of-the-constitution-of-the-federal-republic-of-nigeria-1999-as-amended/


Most of the lawyers supporting fayose seem not to have read the judgement of the supreme cour .