http://thenationonlineng.net/court-interim-seizure-fayoses-assets-lawful/

Justice Nnamdi Dimgba of the
Federal High Court, Abuja held
yesterday that the temporary order
of attachment granted in relation to
some identified assets of Ekiti State
Governor Ayo Fayose did not violate
Section 308 of the constitution.
The judge said the intention of the
immunity clause granted to some
public office holders is not to shield
them from investigation by security
agencies for the purpose of
obtaining evidence for future uses.
Justice Dimgba gave the ruling
yesterday on an application by
Fayose, whose lawyer Mike
Ozekhome (SAN), had sought to
vacate the order of interim
attachment granted by the court on
July 20 to the Economic and Financial
Crimes Commission (EFCC).
The order was in relation to the
EFCC’s investigation of some
activities of the governor and some
of his associates.
The affected property to which the
order relate, include four sets of
four-bedroom apartments at Chalets
3, 4, 6 and 9, Plot 100, Tiaminu
Savage, Victoria Island, Lagos.
Also affected are at 44 Osun Crescent,
Maitama, Abuja and Plot 1504
Yedzeram Street, Maitama Abuja.
The EFCC had, while seeking the
order, stated in an affidavit
accompanying its motion ex-parte
that the properties were acquired
through proceeds of fraud, which
Fayose allegedly got through
kickbacks from contractors and other
alleged fraud.
It stated that the funds used for the
purchase of the properties were said
to be drawn from the sum of N1,
219,490,000, which was said to be
part of the N4, 745,000,000, allegedly
stolen from the treasury of the
Federal Government through the
Office of the National Security
Adviser.
In his application filed on notice on
July 21, Ozekhome hinged his
request for the court to set aside the
order of interim forfeiture on 10
grounds.
He argued that the court lacked
jurisdiction to entertain and/or
proceed to grant the interim order.
Ozekhome contended that in view of
the immunity enjoyed by Fayose as
sitting governor by virtue of the
provision of Section 308 of the
Constitution, he (Fayose) “cannot be
proceeded against in a court of law”.
Justice Dimgba upheld the argument
of EFCC lawyer Andrew Akoja, to the
effect that the July 20 order was
validly made.
“It is my considered opinion that the
order of court, made on July 20, 2016
in respect of some property of the
applicant, and within the limited
scope and duration within which it
was obtained, was duly procured and
does not offend the provision of the
Constitution referred to,” the judge
said.
Justice Dimgba said although Section
308 of the Constitution serves to
protect governors of states from the
distraction of litigation and legal
proceedings, to enable them to
attend to official responsibilities, it
should not be interpreted in such a
way as to defeat the fight against
corruption, to mean that the EFCC or
other investigating agencies cannot
take a peep into the assets or
personal accounts of a serving
governor in the execution of a
strictly worded and mutually
supervised interim attachment
orders for the purposes of obtaining
evidence for use in future when the
immunity has lapsed.
“In the light of the above, I hold that
the applicant is not entitle to the
reliefs sought and are hereby
refused.
“However, in the interest of justice
and not to appear to make a mockery
or nonsense of the immunity clause,
I hold that the interim attachment
order of July 20, 2016, granted by this
court in favour of the respondent
(EFCC) shall last for 45 days as the
court had already ordered, within
which the respondents must
conclude their investigation in
respect of those property, at the end
of which every encumbrance on the
property arising from the order of
court, must abate.
“I order that in the event that the
respondent may wish to renew the
interim attachment order as they are
entitled to, they must serve the
motion to that effect on the
applicant not later than five days to
the expiration of that order, without
which the order sh

Ah?

Ponmo slicer, how far?

Now Judges are getting wise. Any Judge that provide legal protection to a corrupt politician will face the music.
Justice Dimgba should equally withdraw the approval of the return of the passport of Ikedi Ohakim too joor

Gradually we are coming to the place, in those days judges are like robot, now the stirs the pot.

Ok,wailers are tired and asleep from yesterday's hussling, just wait and see

A sitting governor? Democracy is buried in Nigeria

fayose....the only governor who protested against non-payment of worker's salary...... guess who is owing them??

Well this is a build-up from previous judgments of the court. Now that investigation can go on for 45 days or more if allowed, our hitherto hard rock immunity is getting a crack slowly.
Good for the ordinary citizen who enjoys no immunity. Shebi we are all equal before the law?

Pidggin:
A sitting governor? Democracy is buried in Nigeria

and you are @ the funeral?


Amo iru yin

Like seriously they want to seize Fayose's properties because he always say his mind? I don't knw what dis present govt is turning into. When will they start probing members from the APC or are they not also corrupt? Pls someone should tell Dat dullard Buhari to be fair in his justice.

Iyaf red for him.

braimeddy:
Like seriously they want to seize Fayose's properties because he always say his mind? I don't knw what dis present govt is turning into. When will they start probing members from the APC or are they not also corrupt? Pls someone should tell Dat dullard Buhari to be fair in his justice.

You wrote this nonsense and still call Buhari Dullard.

If you are searching for a Dullard, get a mirror.

He's a dullard because he's really biased. Ok let me correct myself, he's a tyrant

AntiWailer:


You wrote this nonsense and still call Buhari Dullard.

If you are searching for a Dullard, get a mirror.

The oniponmo of ponmo land

The ajegbado of Alagbado kingdom

The fake messiah to the masses

The giver of stomach infrastructure

The debtor of 6months civil servant salaries

The mouth runner of pdp looters

The taker of ObanikoroGate funds

and the protector of the Ekiti realm.

This guy can't cease to amaze me.



DrabeeyWasHere

Chai Ayodele Don enter bad market o

Gradually, our Judges are now coming to terms with the present realities. The sooner those Corrupt Politicians know that, they can't buy there way from the Judges, the better for this Country. Nice one

industrious:
Chai Ayodele Don enter bad market o

lol
na em maot cause am
Good morning bro,kindly help me drop link for registering with adquet
thanks

gungab:



lol
na em maot cause am
Good morning bro,kindly help me drop link for registering with adquet
thanks

www.adquet.com and choose publisher only not advertiser... Best of luck

industrious:


www.adquet.com and choose publisher only not advertiser... Best of luck

[url]

industrious:


www.adquet.com and choose publisher only not advertiser... Best of luck

[/url]

industrious:


www.adquet.com and choose publisher only not advertiser... Best of luck

industrious:


www.adquet.com and choose publisher only not advertiser... Best of luck

good day bro, I followed ur post n opened an adquet account, I created ad codes n inserted it in my blog but it's not showing, pls help

this is my site www.naijadeltaonline.tk

Krizzkutz:
good day bro, I followed ur post n opened an adquet account, I created ad codes n inserted it in my blog but it's not showing, pls help

this is my site www.naijadeltaonline.tk

Maybe this will help... As long as your application has been approved..

http://www.naijawarlord.com/2016/06/all-you-need-to-know-about-adquet-how.html