[img]http://i.onthe.io/vllkyt3ddc6o7i34e.3163a1de.jpg[/img]

Governor Mimiko has said that the EFCC has no right to freeze
Fayose’s account.

He described the action of the EFCC as an abuse
of the Constitution.

Mimiko who spoke in his
capacity as Chairman of PDP Governors’ Forum, condemned the freezing of Mr Fayose’ s bank account.

Mr Fayose raised the alarm on Monday that his Zenith Bank account had been frozen by the
EFCC.

The commission also confirmed the development and justified its action. But
Mimiko, who was reacting to the development in a statement in Akure on
Tuesday, said the action of the anti-graft agency had portrayed
the nation as one in crisis.

Mimiko said the EFCC had no power to
interfere with the account of a sitting governor.

He said the action would not find comfort
with the position of Section 308 of the Nigerian Constitution.

According to him, if the intention is to suggest any criminal infraction or fraud against the governor, the agency should have waited until he vacates office.

“What has happened is a blatant and violent infraction on the provision of the Constitution and our democracy, ” Mr. Mimiko said.

“It is an attempt to subvert the constitution and it is fascist. The intention is to achieve a penal sanction without going through the due criminal
procedure and criminal
proceedings.”

Governor Mimiko argued that the essence of
Section 308 of the Constitution of the country was to save
governors in the country from distractions.

“What they have done now is to distract the
Governor of Ekiti and this is not good for our
democracy, ” he said.

According to a source, the governor further argued that immunity
was part of the constitution “which must be respected
whether anybody likes it or not. ”

He also contended that
the EFCC’s action violated Section 96 of the 1999 constitution as amended which confer on every individual the right of fair hearing.

He warned that the country was beginning to manifest the signs of totalitarianism adding that the account of any individual could
only be frozen after a court of competent
jurisdiction had so ruled or an interim order by a
court of competent
jurisdiction was granted to the anti graft agency.

Fayose has however vowed to challenge the
restriction on his account “appropriately.”

Meanwhile, Senator Buruji Kashamu
representing Ogun east
senatorial district on the platform of the Peoples Democratic Party (PDP) has asked
Governor Ayodele Fayose of Ekiti to stop being childish with his
allegations against President Muhammadu
Buhari and his wife, Aisha.

Instead, he urged Fayose to concentrate on defending the
loads of accusations
leveled against him in recent times including
that which led to the freezing of his bank account.

The presidency had also reacted to the allegation against Hajia
Aisha calling him a man childishly obsessed with
the desire to grab the
headlines and insulting people at will because of his incurably boorish instincts.

In a statement by the senator, according to The Eagle Online,
Fayose was asked “to stop the needless
mudslinging against the wife of the president, Mrs Aisha Buhari and face the allegations
against him.”


https://uzopedia./2016/06/23/fayose-vs-efcc-governor-mimiko-launches-attack/

Nonsense attack

Anyone with a functioning brain can see the impunity here, section 308 exist solely for this purpose.

Ok mr mimiko. So fayose shld be allowed to embezzle state funds why civil servants re nt paid any dime for their sweats in 5 months nw.
God is watching wicked nd corrupt Governors like u nd fayose.
EFCC carry on with d good job

This government is really misplacing is priority in governance. The number one priority of any reasonable and good ear listening government is to provide basics need of human existence namely to improve the standards of living of the citizens, protect lives and properties. Let all Nigerian tell this government that fighting opposition is not our priority now , our economy and citizens need vigorously attention .

tif defending fellow tif. mtcheww!

I wish some people will take time to read section 308 of the constitution before coming here.

And also know that u need a competent court to give the approval to freeze the account of a sitting governor. And he can't be dragged to court. So wats their aim in all of these? I guess is to fight opposition while the economy is crumbling. People supporting dem, some are suffering and smiling in their homes. Thinking jailing Fayose or GEJ will suddenly turn d economy around.

Anarchy is gradually settling upon the land, thanks to the sanctimonious posture of Buboo a fantastically fraudulent insincere man of no-integrity.

Like a people under the hypnosis of spiritual paralysis majority of Nigerian activists kept mute whilst the country gradually slides into dictatorship right before their eyes.
Like simpletons the masses can hardly discern reality from propaganda and a growing decimation of dissent / opposition.

Like baying hounds the Sai baba sherifatt chanters have lost their sense of judgement and reason to see the deceit/impunity playing before our eyes thereby throwing away their freedom unknowingly.

We all want a better country but playing to the gallery won't help this insincere and deceitful 'clique' pushing us towards the precipice.

Pavarottii:
I wish some people will take time to read section 308 of the constitution before coming here.

And also know that u need a competent court to give the approval to freeze the account of a sitting governor. And he can't be dragged to court. So wats their aim in all of these? I guess is to fight opposition while the economy is crumbling. People supporting dem, some are suffering and smiling in their homes. Thinking jailing Fayose or GEJ will suddenly turn d economy around.

Tank you o. I was beginning to wonder when that section was removed from the constitution. I am nt siding fayose ,but I believe there are laws,we need to look into before taking decisions.

Governor. Shhh!
(Whispers)
If not, EFCC will investigate Ya Account.

President Buhari is looking for Our Yams.

you don't throw the baby with the bath water
that's what the Yorubas don't know
see the way Ribadu of PDP is supporting his Fulani brother
kids on Nairaland encouraging Buhari to jail there brother
the tyrants Buhari is just harassing everybody all in the name of corruption

Mimiko do your worst.

dont worry ur own time is comming mimigoat

Delivering the leading judgment of the seven-man panel of the Supreme Court on Friday 10th day of May, 2002 on whether a governor can be investigated, Justice S.O. Uwaifo, J.S.C (as he then was), held inter alia:

"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.

I shall give three possible instances. 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 IT 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 by section 308 from investigating to know the identity of the man killed, the cause of death from autopsy report, the owner of the car taken to the workshop and if there is any evidence from the inspection of the car that it hit an object recently, more particularly a human being; or to take steps to recover the gun and test for ballistic evidence; and generally to take statements from eye witnesses of either incident of killing. OR TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK or for acquiring property, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY; or of the property acquired?

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 or some aspect of it may be the type which might be lost forever if not preserved while it is available..." (Emphasis mine).

In the instant case, does the freezing of the account of Governor Fayose fall within the investigative powers of the EFCC or is it illegal as declared by Fayose?

The Supreme Court had correctly stated the position in Fawehinmi's case supra that "criminal proceedings" as envisaged by Section 308 (1) (a) of the Constitution will only arise when a charge is brought. In rejecting the respondents' argument that investigation was part of criminal proceedings, the Apex Court cited with approval the decision in the American case of Post v. United States (1896) 161. U.S. 583; 16 Court Reporter, page 611 at 613, in which it was held -

"Criminal proceedings cannot be said to be brought or instituted until a formal charge is openly made against the accused, either by indictment presented or information filed in court or at the least, by complaint before a magistrate..."

http://saharareporters.com/2016/06/21/analysis-constitutional-validity-freezing-governor-fayoses-bank-account-inibehe-effiong


You Can Not Eat Our Yams And Have It.

[b]Freezing of accounts serves principally two purposes.

First, by freezing a suspect's account, the commission prevents the suspect from accessing, operating and drawing money from the account which may ultimately be forfeited to the government if the suspect is eventually prosecuted and convicted.

Immunity clause cannot prevent the EFCC from securing and preserving monies found in the account of a governor provided the Chairman of the EFCC is satisfied that the money is proceeds of crime.

Second, the money is frozen for preservation and use as evidence during a trial.

From the foregoing, it is clear that there is no provision in Section 308 of the Constitution that is offended by the freezing of the account of a governor.

There is no argument about the fact that freezing of bank accounts of persons who are under criminal investigation is merely an interim, precautionary and necessary step preparatory to arraignment and prosecution.

Interestingly, an illustration was given by Justice Uwaifo J.S.C. (as he then was) in Fawehinmi's case of an instance where it is alleged that a governor "STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK". His Lordship in his prophetic wisdom rightly stated that a "monstrous situation" will be created if the police (in this case the EFCC) is unable "TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK" or "AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY".[/b]

http://saharareporters.com/2016/06/21/analysis-constitutional-validity-freezing-governor-fayoses-bank-account-inibehe-effiong

TippyTop:
Anyone with a functioning brain can see the impunity here, section 308 exist solely for this purpose.

where was ur silly constitution when Nyako account was frozen?

Oche211:
Ok mr mimiko. So fayose shld be allowed to embezzle state funds why civil servants re nt paid any dime for their sweats in 5 months nw.
God is watching wicked nd corrupt Governors like u nd fayose.
EFCC carry on with d good job

Abi o God is watching!






God is also watching wicked and corrupt APC members like fashola, amaechi, Aisha buhari a.k.a thief thief first lady

Larriekay:
where was ur silly constitution when Nyako account was frozen?

Next time study the facts before espousing lame opinions, it was not Nyako's personal account that was frozen, go and check and thank me later.