Members of the National Assembly caucus in both the Senate and House
of Representatives from Ekiti State have cautioned the Economic and
Financial Crimes Commission (EFCC), against allowing itself to be used
to intimidate or harass Governor Ayodele Fayose of Ekiti State by the
Federal government.

The caucus unequivocally condemned the freezing of the bank accounts
belonging to Ekiti state Governor by the EFCC, describing it as
absolutely illegal, and an affront to the constitution of the Federal
Republic of Nigeria.

The release issued on Sunday and signed on behalf of the caucus by the
Senate Deputy Minority Whip, Senator Biodun Olujimi reads; “our
attention has been drawn to the freezing of the bank accounts
belonging to Ekiti State governor, Mr Ayodele Fayose by the EFCC and
we wish to state that the actions violates the constitution of
Nigeria, which conferred immunity on the governor and the EFCC Act,
which mandates the Commission to obtain a valid court order before
bank accounts of anyone can be frozen”.

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“It is trite that the condition precedent to be fulfilled by the EFCC
to fully exercise its powers as enshrined in section 34(1) of the EFCC
Act, with effect to the freezing order on banks and other financial
Institutions was not met. Ditto for the fact that for the court to
make such an order, there must be papers (Court Process) filed in
court and signed by a Judge.

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“By the provision of section 308(1) (a) of the 1999 constitution (as
amended), no suit can be instituted against any sitting Governor in
any court in Nigeria. Therefore, no process of the court can be
issued, signed or served against Mr. Ayodele Fayose, being a sitting
Governor. Knowing fully well that the import of section 308 of the
1999 constitution (as amended), is principally to avert unnecessary
distraction of any sitting governor and other beneficiaries of that

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“As much as we are not against the anti – corruption crusade of the
government or the investigation of corruption persons by the EFCC, we
urge the anti-corruption agency to carry out its functions without
political interference from any quarters, while the Federal government
on its part, must eschew all actions capable of destabilizing the
peace of any state, or threaten our nascent democracy.”