‘Arrest of Ekiti commissioners unconstitutional’

The Ekiti State Government has described as unconstitutional the arrest of two Commissioners working under the administration of Governor Ayodele Fayose by the Economic and Financial Crimes Commission (EFCC).

Recall that Ekiti State Commissioner for Finance, Toyin Ojo and the Accountant General of the State, Yemisi Owolabi were picked up by the anti-graft commission last week over allegations of misapplication of resources accrued to the state government.

However, speaking at a press conference in Abuja on Monday, the Attorney-General of the State, Kolapo Kolade, described the action of the EFCC as a display of executive lawlessness.

According to him, a valid subsisting court order was issued in 2016 by a Federal High Court in a suit FHC/AD/CS/32/2016 in which the EFCC was a defendant, as the court barred the EFCC from “arresting, detaining or investigating any person or persons whether past or present officials in the Ekiti State Government without any report of indictment by the Ekiti State House of Assembly”.

The order he noted, was sought due to the serial arrest and embarrassment of the state officials by the EFCC over issues that do not fall within the purview of the anti-graft agency.

The order of the court, he said, was duly served on the EFCC on 7th November, 2016, a pronouncement he said, has not been vacated either by the court that issued it or a court of higher jurisdiction.

“Following the Interim Order, the EFCC wrote a petition to the Chief Judge of the Federal High Court for the transfer of the case to another Federal High Court Judge and the case was subsequently transferred to the Akure Judicial Division of the Federal High Court.

“The Akure Judicial Division of the Federal High Court sat over the case on the 24th day of January, 2017 and re-emphasized the order made earlier by the Ado-Ekiti Judicial Division of the Federal High Court.

“The case was adjourned to 15 February, 2017 for hearing. However, the Judge referred the case back to the Chief Judge of the Federal High Court to have a second look at the issue of transferring the case to the Akure Judicial Division of the Federal High Court.

“The Order of the Federal High Court has not been vacated till date. In other words, the issue of the arrest and or detention of the Ekiti State Government officials is subjudice.

“The EFCC is not above the law and the agency is bound to obey lawful orders made by courts as in this case.

“The Actions of the EFCC are to say, the least lawful and a raw show of executive lawlessness” he said.

Accusing the EFCC of acting outside its constitutional mandate by attempting to look into the account books of the state, the legal practitioner said such violates Section 125(5) (6) and 128 (2) (b) of the 1999 Constitution (as amended) which gives such power to the State House of Assembly only and can also raise alarm on any act of fraud detected (if any).

Quoting Section 128(2)(b) of the Constitution, he said it is the responsibility of the Ekiti State House of Assembly to complain about financial irregularity against the state government.

He argued that the Commission cannot investigate any financial impropriety against the Ekiti State Government or any of its officials without any complaint from the House of Assembly of Ekiti State reporting an indictment.

 

OWEDE AGBAJILEKE, Abuja