As of late, the media, both print and electronic, has been a washed by a few sentiments and thoughts regarding the late solidifying of Governor Ayodele Fayose's record by the EFCC. While some trust that the counter debasement organization is correct and have every one of the forces under the sky to so solidify the records, others there are, who trust that the Commission have no force under the law to solidify the record of the Governor.
The individuals who trust that the Governor's record should not to be solidified construct their contentions in light of the way that the Governor has resistance under Section 308 of the constitution. With the end goal of fulfillment, Section 308 gives bury alia, that no affable or criminal procedures might be organized or proceeded against a man to whom this Section applies amid his time of office.
Taking a gander at the above procurement, it is perfectly clear that a man to whom the Section applies can't be sued in any criminal or common procedures under the watchful eye of any Court of law in Nigeria. Therefore, the thing to ask is, can the Section be sensibly conjured to shield a Governor or President from being explored? The answers I submit, is in the negative. In all actuality the creators of these ignis fatuum or sham postulation of safety statement being an all inclusive talisman to shield a Governor from arraignment are getting hold of the wrong end of the stick and permitted their overstated comprehension of the resistance procurement to cover examination. Before going further, it is important to characterize "examination" which has been characterized to signify "the demonstration in exploring, the way toward inquisitive into or catching up, exploration, study, asking" or an official examination of the truths around a circumstance, wrongdoing and so forth see oxford word reference eighth release By this definition, it is clear that examination is an alternate ball game and it is miles separated from arraignment. As it were, examination which is the demonstration of get-together data and making discoveries by gathering certainties and confirmation is a stage before a man is charged to court. In any case, in the moment case, solidifying of Governor Fayose's Account is a piece of the examination completed by the counter defilement organization and this particular demonstration can't be said to have abused the privilege of the Governor under the law, particularly, as it identifies with the safety appreciated by him. As indicated by educator Dias of the University of Cambridge, "inventiveness of believed is guaranteed by a breath of perspective, a feeling of discerning and thoughtful energy about what individuals have said are as yet saying" To this end, the perspectives held by those supporting the Governor and those supporting the counter defilement office can just better be acknowledged in the event that we take a que from the accessible point of reference which is legal declaration. In this manner, in Fawehinmi v. I.G.P. (2002) (Pt.767), the Supreme Court had this to say;
"That a man secured under Section 308 of the 1999 Constitution passing by its procurement, can be researched by the Police for a charged wrongdoing or offense is, in my perspective, past debate. To hold generally is to make a colossal circumstance whose indication may not be completely welcomed. I might give three conceivable occurrences. Assume it is charged that a Governor, throughout driving his own auto, neglectfully kept running over a man, slaughtering him; he sends the auto to a workshop for the repairs of the scratched or harmed part or parts. On the other hand that he utilized a gun to shoot a man dead and tossed the weapon into an adjacent shrub. On the other hand THAT HE STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK or utilized it to secure property. Presently if the Police got to be mindful, might it be able to be proposed in an open and fair society like our own that they would be blocked by Section 308 from examining to know the personality of the man murdered, the reason for death from dissection report, the proprietor of the auto taken to the workshop and if there is any proof from the examination of the auto that it hit an item as of late, all the more especially an individual; or to find a way to recoup the weapon and test for ballistic confirmation; and for the most part to take articulations from onlookers of either occurrence of slaughtering or TO FIND OUT (IF POSSIBLE ) ABOUT THE MONEY LODGED IN THE BANK OR FOR ACQUIRING PROPOERTY, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY OR OF THE PROPERTY ACQUIRED? The Police (for this situation, the EFCC) plainly have an obligation under Section 4 of the Police Act to do everything they can to research and protect whatever proof is accessible. The confirmation or some part of it might be the sort which may be lost everlastingly if not safeguarded while it is accessible. (Accentuation supplied for impact).
A nearby and logical dismemberment of the above case, particularly the extremely able case of Justice Uwaifo says it all and leaves nobody in any particle of uncertainty that the EFCC don't just have the ability to solidify the record of Governor Fayose additionally there is no better method for doing their examination than this. May I likewise submit further that EFCC of today has a decent head on its shoulders and it is chipping away at all chambers to battle debasement inside the ambit of the law or due procedure. Subsequently, we should endeavor to guarantee that we don't prevent them on their approach to accomplishing these honorable standards.
Besides, there is this summoning misconception or lumping of the words "examination" and "arraignment" together and the importance they passed on in the end continues fomenting the psyches of Fayose and each one of the individuals who shared his parochial slants that he can't be researched. It gets to be fundamental for a further comprehension of the impugnant contentions and dispute of Fayose and the individuals who bolster him that the safety delighted in by him ought to shield his record from being solidified. It is submissively presented that this dispute steps the law on the face.
This is on the grounds that the invulnerability procurement in Section 308 of the constitution applies just to the individual who involves the workplace of a representative and not to his property of which his financial balance is or to the property of the state he governors. For if that somehow managed to be in this way, then a the truth will surface eventually that the autos of a representative who hit and slaughter its casualty will be held to be secured by safety or even better, their significant other and youngsters, and this won't betoken well for us as a people.
Furthermore, Section 34 of the EFCC Act allows the Commission to solidify the record of anybody if same is sensibly suspected to have been utilized for some deceitful exchange or dealings. The solidifying of record under Section 34, is made through an ex-parte application for the Court to make a request solidifying the record. This is by all accounts where the issue is. Some have contended that by the way that this application must be made to the Court, it presupposes that the Governors name more likely than not showed up on the procedure. This dispute has no premise in law, great endeavor however, it is a wingless flying creature that can't fly. The purpose behind this is those holding this perspective did not consider the procurement of the Act with respect to record solidifying for the wealth question,. Under the calendar to the Act, structure B is utilized to solidify the record and it is significantly coordinated to the Bank Manager educating him to solidify a predetermined record. Along these lines, the representative is never a gathering to such procedures and to that degree, the contentions that his name would show up in a procedure of court is misdirecting as well as unmerited.
Extended further, the cash in issue has been set up by the EFCC as well as by the Governor himself to be the cash for his race, which the EFCC has followed or connected with the plunder from the Office of the National Security Adviser (ONSA). In the mean time, subsequent to the record of the ONSA has been appended in light of a court request, all the monies that leave that record to another record can be blocked without essentially going to look for any further request from the Court. Likewise, it is just down to earth that these records of Governor Fayose be solidified on the grounds that as at today, such a large amount of the country's assets have been caught in remote nations and getting them back has been so troublesome if not unimaginable. That being the situation, the solidifying of the record compliant with examination is a down to earth approach and a stage in the right heading. This is on account of if no progression is taken to catch the suspected cash, same will be drained or moved far from the shores of Nigeria either to Dubai or other European Countries. In this way, to expect the counter defilement office to hold up till Fayose leaves office in years to come is to lecture the inconceivable possibility and impracticability.
As of late, the Security Agencies ceased the Kogi State representative from voyaging abroad in view of their investigative and security reports and obviously, despite any resistance proviso. I present that individuals ought to wake up from their sleep and wake up to notice the espresso that we are currently in common principle (however not yet vote based system). Gone are the times of exemption and its harsh rule in light of the fact that on the throne now sits due procedure and appreciation for the tenet of law. Long live govern of law and goodbye to run of impulses
Before I lay stay on this issue, the cash in issue was given to Fayose before he turned into the Governor. Along these lines, no Governor has any safety against discretionary offenses and in this manner, he can possibly be arraigned. To do generally will intend to convey the intendment and goal of the law on insusceptibility to an exceptionally strange degree. God prohibit!!
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