For the embattled Governor of Ekiti state, Ayodele Fayose, freezing of his personal account not only undermines his immunity, but also a repressive action carried too far. ROTIMI OJOMOYELA reports.
Hundreds of Ekiti indigenes cannot wait to see how Governor Ayodele Fayose would wriggle out of the intricate web of federal might he has been entangled in as coming days would prove very interesting, as the political drama about how the governor will cross the hurdles this time around, unfolds.
In The Beginning
Most of the issues the embattled governor has been contending with have to do with matters surrounding the June 21, 2014 Governorship election in Ekiti state, where he defeated the then incumbent Governor, Dr Kayode Fayemi, who is now the Minister of Solid Mineral Resources.
Aside from the allegation by the All Progressives Congress (APC) that Fayose’s victory was aided by the military officers posted to the state to ensure security during the governorship election, another that surfaced recently, no thanks to the Economic and Financial Crimes Commission was an alleged transfer of slush fund from the notorious armsgate scandal.
PROBE
The army had since investigated the alleged partisanship of his officers in the election and many officers that were found to have been involved in the electoral malefeasance have been retired.
But the latest one that is probably making the governor to loose his sleep is the alleged N1.4 billion from the embattled former National Security Adviser Col Sambo Dasuki, which was lodged in his three accounts with the Zenith Bank.
Frozen Account, The Hues And Cry
Trouble started when the personal account of the Governor was frozen by the Economic and Financial Crimes Commission (EFCC)
The furious governor rushed to Zenith Bank, Ado-Ekiti, where he had his personal account to authenticate the news but got the shocker of his life, as he was told in clear terms that there was no way he could withdraw money from the account because the EFCC has placed a restriction order on it.
A source in the bank told the visibly angry Fayose that his account had been frozen on the order of the anti-graft agency.
But he would have none of it, Fayose cited Section 308 of the 1999 constitution, saying he enjoys immunity as a sitting governor and the action of the EFCC was a clear breach of the constitution.
Reasons
Explaining why the account was frozen, sources at the EFCC disclosed that a personal account at the Zenith Bank of Nigeria of Ekiti state Governor, Ayodele Fayose, was frozen in connection with over N1.2billion he took in 2014 from the NSA Sambo Dasuki, still standing trial, to prosecute his re-election campaign as governor. Several of the operatives said the action came at the end of the agency’s year-long investigation into the matter.
The sources claimed that Fayose received huge sums of money from the office of the NSA that was meant for arms procurement, with which he meticulously bribed security officials and voters to get into the Ekiti governorship for the second time.
The Nigerian Army referred some of the officers who took a bribe from Fayose to the EFCC after some of them were compulsorily retired from the service.
The sources added further that after his election, Fayose deposited the monies into his personal account and another account belonging to Spotless Hotel in Ekiti, owned by the governor.
Rebuttal
But Fayose denied the existence of any financial transactions between him and the office of the former NSA, saying his election was funded two years ago by the Zenith Bank Plc, fund raising, donations from friends and associates as well as sales of campaign souvenirs.
According to him, “I have no financial transaction whatsoever with the Office of the National Security Adviser (ONSA) under Col Sambo Dasuki (rtd) and former Minister of State for Defence, Senator Musiliu Obanikoro either by cash, cheque or electronic transfer.”
He challenged the EFCC to publish statements made by Senator Musiliu Obanikoro, his son or any other person associated with money from the NSA office where they claimed they gave him money for the election, adding that “EFCC is only acting a movie scripted, produced and directed by the All Progressives Congress (APC) government of President Mohammadu Buhari just to silence me being a major opposition voice in the country.”
The governor said his election was funded by money from friends and majorly from Zenith Bank, according to him, “the management of Zenith Bank, which majorly funded my election, called me to a meeting where I was assured that fund will be provided for my election. I was asked to nominate a trusted ally to be related with and I nominated Mr Abiodun Agbele.
“All the payments into Abiodun Agbele’s account domiciled in Zenith Bank were directly from Zenith Bank. In actual fact, the account was opened by Zenith Bank hurriedly at that time and Abiodun Agbele’s identity card which ought to have been collected before the account was opened was only collected last week in the bank’s desperation to perfect the account obviously after submitting to the intimidation and harassment of the EFCC.
“Most of the funds posted into Agbele’s account were through the Ibadan, Akure and Lagos branches of the Zenith Bank and sometimes; they brought cash.
Reactions
The action of the anti-graft agency elicited mixed reactions within and outside the state. A human right activist, Femi Falana SAN, argued that Fayose has attempted to hide under the immunity clause to shield himself from the investigation. Contrary to the governor’s claim he does not enjoy immunity from investigation with respect to his criminal involvement in treasonable conduct and corrupt practices.
It is trite law that all the public officers protected by Section 308 of the Constitution can be investigated for corruption and other criminal offences. In Chief Gani Fawehinmi vs. Inspector General of Police (2002) 23 WRN 1 the Supreme Court held:
“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 ensure that the investigation of the public officers covered by the immunity clause is not compromised by the executive, the Chief Justice of Nigeria is empowered by section 52 of the ICPC Act to appoint an Independent Counsel (who shall be a legal practitioner of not less than 15 years standing) to investigate any allegation of corruption against the President, Vice President Governor or Deputy Governor”
“The senior lawyers who have questioned the freezing of Fayose’s account on the ground that the EFCC did not obtain a court order have not read section 28 of the EFCC Act which provides that “where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court. The law permits the EFCC to freeze an account or attach a property of a criminal suspect and proceed thereafter to obtain an ex parte order from the appropriate court”
But a constitutional lawyer and former National Secretary of the Labour Party, Dr. Kayode Ajulo, has described the freezing of Fayose’s account as “illegal”, adding that it was an abuse of the immunity that covers governors in Nigeria.
“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,” he said.
He backed his argument with the constitution. “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.
Similarly, the Ekiti State chapter of the Peoples Democratic Party described the action of EFCC as indecent practice in democracy.
The party says the action was another several moves which the APC led Federal government has adopted to silence opposition in the country in order to cover its poor governance.
It said by this action, President Buhari has exposed himself as a true dictator which he is by going to this extent of freezing personal account of a sitting governor because he does not belong to his party and for the fact that he has been been on his neck not to run the country aground.
The PDP described EFCC, as an agent being used by President Buhari to torment members of the peoples democratic party all the time while the same organization closes its eyes on straight allegations of corruption levied on the APC governors, ministers and past political office holders in their folds.
Meanwhile, while some legal luminaries and the PDP were still considering the propriety of the anti graft agency, civil societies and conference of political party led a protest in Ado-Ekiti, demanding for the immediate resignation of Fayose as governor of the state.
Protests
The protest which was organized by a non-governmental organization, Be The Change Organization (BCO) also saw labour unions, Conference of Nigeria Political Parties (CNPP), artisans, market women, youth organizations and student bodies participating.
Addressing the protesters, the state CNPP Publicity Secretary, Ayo Adelabu called on Governor Ayo Fayose to resign from office over his failure to live up to expectation, asking him to come out and defend himself in the N4.7 billion arms deal scandal.
Litigation
As the controversy generated by the action of the EFCC rages, Fayose approached the Federal High Court sitting in Ado Ekiti, on Tuesday asking the court for a mandatory order to reverse the restriction order placed on his accounts at the Zenith Bank by the EFCC.
The court also ordered that the EFCC and Zenith Bank should appear in court on July 4 to show cause why Fayose’s demands on the illegal freezing of his accounts should not be granted.
Mr Mike Ozekhome (SAN), had through an ex parte order deposed to on the 24th of June, 2016 by Bimpe Olatemiju sought a mandatory order unfreezing the accounts belonging and operated by Fayose pending the determination of his interlocutory application.
