Efio-Ita Nyok|22 June 2016|7:22am
Nigeria's antigraft agency, the Economic and Financial Crimes Commission (EFCC), has freezed the Zenith Bank account of Dr Peter Ayodele Fayose, the Executive Governor of Ekiti State, and foremost critic of President Muhammadu Buhari. The antigraft agency alleges that the sum of N500 million associated with the DasukiGate saga is traceable to that account.
Divergent opinions have emerged as to whether the EFCC has the locus standi to interfere with the bank account of a sitting governor understood to enjoy immunity from the 1999 Constitution of the Federal Republic of Nigeria as Amended. Barr Okoi Obono-Obla, President Buhari's aide on Prosecution has defended the EFCC; whereas a cerebral critic and social commentator, Simon Utsu disagrees with the logic of Obono-Obla. See excerpt of their divergent but interesting position:
Okoi Obono-Obla
The fact that a Governor is conferred with immunity by Section 308 of the Constitution of the Federal Republic of Nigeria ,1999 (as amended ) does not preclude the Police or Law Enforcement Agency such as the EFCC from investigating such Governor when he is suspected of having committed a criminal offence.
However such a Governor cannot be prosecuted till his immunity ends after the expiration of his tenure. Therefore the EFCC is right to investigate Governor Fayose for money laundering.
The allegation is that Governor Fayose in 2014 received N1.2 billion from the former National Security Adviser, Colonel Sambo Dasuki which was meant to be used to compromise security personnel deployed to Ekiti State during governorship election there. The EFCC has traced N500 million of that money into Governor Fayose's Zenith Bank Account.
Simon Utsu
Since the news came out that Fayose's account was frozen by the EFCC yesterday, I've read a handful of arguments and counter arguments from legal practitioners on facebook in that regard.
The best argument was from Barrister Ken who is a Senior Advocate of Nigeria. He was able to use the constitution to prove that the EFCC did what they did to a governor Fayose (who is covered by the immunity clause) without following due process and as such violated the Nigerian constitution brazenly. He also made us to know that this was impunity taken to another level by this new government.
I read a handful of very weak counter arguments; the one that irritated me the most was that from a political lawyer who is from my state (Cross River) and never sees anything wrong in impunity as long as it's coming from his lord and saviour Buhari.
See, any lawyer who supports this broad daylight rape of the Nigerian constitution without presenting a strong argument to that effect and just because he/she supports Buhari is just a charge and bail lawyer in my eyes. I would only use such a lawyer for charge and bail purposes. If I have a serious case to pursue in the courts, I won't even use you even if you offer pro Bono services to me, I would rather stand in for myself pro per.
Between Utsu and Obono-Obla, where does the reader stand? The decision is yours.
Efio-Ita Nyok
Is a Blogger & the Editor of Negroidhaven.org (Negroid Haven)
Dear Sir, just read the publication of the exchange between me and Simeon Utsu on face book concerning whether or not the EFCC was right to Freeze the account of Governor Fayose. I enunciated the position of the law on the matter as I know it. Undoubtedly the position of the law is not the rubbish which Simeon Utsu wrote about me but which you regrettable published and celebrated as ” celebral critic”. I do not know whether a celebral critic would come so low to heap insults and abuses on his Co debater ( as seen in the riposte of Simeon Utsu) rather than using his intellect and power of logic and reasoning to frontally and positively debunk the position canvassed by his Co debater ! You know if was in a proper debating contest, Utsu would be disqualified for showing such immaturity and going horribly off the mark. I expect you as an objective analyst and journalist to rebuke Simeon Utsu for choosing to insult and abuse me, rather than countering my point in a learned and civil manner . His personal attack on me ought to make you know as discerning journalist that he does not know the subject matter and that is why he decided to be personal. Let me say that it does not lie in Simeon Utsu 's mouth to rate me as a lawyer! In the first place he is not lawyer and so he is incapable of rating me. Simeon Utsu is not abreast with my solid record as a lawyer of 25 years. So his saying that I am ” political lawyer, charge and bail lawyer etc is nothing but sour grapes and poppycock! I therefore advice you as an objective analyst to avoid elevating such hogwash and insults as written by Simeon Utsu about me. Utsu in his infantile frenzy and enthusiasm inappropriately resorted to insults and personal attacks on me (his co debater) to score cheap points to cover up for his lack of understanding, scholarship and appreciation of the subject matter. But despite such you celebrated him just because you want to ridicule me! How sad!
Dear Sir, just read the publication of the exchange between me and Simeon Utsu on face book concerning whether or not the EFCC was right to Freeze the account of Governor Fayose. I enunciated the position of the law on the matter as I know it. Undoubtedly the position of the law is not the rubbish which Simeon Utsu wrote about me but which you regrettable published and celebrated as ” celebral critic”. I do not know whether a celebral critic would come so low to heap insults and abuses on his Co debater ( as seen in the riposte of Simeon Utsu) rather than using his intellect and power of logic and reasoning to frontally and positively debunk the position canvassed by his Co debater ! You know if was in a proper debating contest, Utsu would be disqualified for showing such immaturity and going horribly off the mark. I expect you as an objective analyst and journalist to rebuke Simeon Utsu for choosing to insult and abuse me, rather than countering my point in a learned and civil manner . His personal attack on me ought to make you know as discerning journalist that he does not know the subject matter and that is why he decided to be personal. Let me say that it does not lie in Simeon Utsu 's mouth to rate me as a lawyer! In the first place he is not lawyer and so he is incapable of rating me. Simeon Utsu is not abreast with my solid record as a lawyer of 25 years. So his saying that I am ” political lawyer, charge and bail lawyer etc is nothing but sour grapes and poppycock! I therefore advice you as an objective analyst to avoid elevating such hogwash and insults as written by Simeon Utsu about me. Utsu in his infantile frenzy and enthusiasm inappropriately resorted to insults and personal attacks on me (his co debater) to score cheap points to cover up for his lack of understanding, scholarship and appreciation of the subject matter. But despite such you celebrated him just because you want to ridicule me! How sad!