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LequteMan
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Justice Nnamdi Dimgba of the Federal High Court in Abuja has stated that the immunity of Governor Ayodele Fayose doesn't stop him from being investigated for fraud nor prevent anti graft agencies from seizing his properties.
Justice Nnamdi who granted an order of interim forfeiture to EFCC on the 20th of July on Tuesday ruled that his judgement did not violate the provisions of section 308 of the Constitution which confers immunity from civil and criminal proceedings on the governor.
“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 ruled.
“Although Section 308 of the Constitution serves to isolate 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.”
He however said the order of interim forfeiture has a lifespan of 45 days and would be dissolved if EFCC fails to serve a motion on notice seeking its extension on Fayose at least five days to its expiration.
Punch
Justice Nnamdi who granted an order of interim forfeiture to EFCC on the 20th of July on Tuesday ruled that his judgement did not violate the provisions of section 308 of the Constitution which confers immunity from civil and criminal proceedings on the governor.
“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 ruled.
“Although Section 308 of the Constitution serves to isolate 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.”
He however said the order of interim forfeiture has a lifespan of 45 days and would be dissolved if EFCC fails to serve a motion on notice seeking its extension on Fayose at least five days to its expiration.
Punch
