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There is no absolute immunity in Nigeria’s Constitution, says Falana

By Alemma-Ozioruva Aliu, Benin City
03 July 2016   |   5:14 am
Foremost human right activist and Senior Advocate of Nigeria (SAN) Femi Falana, yesterday carpeted agitations in some quarters over the freezing of the personal account of Ekiti State governor ...
Femi Falana

Femi Falana

Foremost human right activist and Senior Advocate of Nigeria (SAN) Femi Falana, yesterday carpeted agitations in some quarters over the freezing of the personal account of Ekiti State governor, Ayo Fayose and the current prosecution of the leadership of the Senate over allegation of forgery.

Speaking on the topic “Limit of executive immunity” at an event in Benin City to mark the 60th birthday of the Secretary to the State Government (SSG), Professor Julius Ihonvebere, Falana said there are Supreme Court decisions that said immunity for president, vice president, governors and their deputies cannot be extended to certain criminal acts.

He said the Supreme Court has also ruled that the Attorney General of the Federation can direct the Attorney General of a state to investigate allegation of public money being stolen in states, even if the money belongs to the state, as according to him, the Supreme Court said at that time, the issue is about public fund that has been stolen.

“Apart from the President of our country, the vice president, governors and their deputy, who are protected under immunity in Section 308 of the constitution, others are now insisting that immunity be conferred on them. In particular, the legislators in our country are asking for immunity, but unfortunately, this is not the best time to make that request because right now, some of the leaders of the parliament in our country are standing trial for false declaration of assets, for forgery and conspiracy and some are even under threat of possible deportation to the United States to stand trial for rape and other related offences.”

He continued; “The governor of a state came and called Nigerians to join him to challenge the temerity of the EFCC for seizing an account that is suspected to belong to the governor. The EFCC has quietly traced some stolen funds from Abuja and about N1.3b of that fund was traced to an account in Ekiti State with Zenith Bank. All that the EFCC did, when it got information that this particular governor has surrounded the bank with armed gendarmes to forcefully remove whatever was left of that money from the account, was sent an order to the bank seizing the account and the EFCC went to court to obtain an order to legitimise the seizure of the account. As soon as the governor learnt that the account has been frozen, he challenged that action of the EFCC on the ground that as a sitting governor, he enjoys absolute immunity from arrest, investigation and prosecution and argued that the action of the EFCC was illegal and unconstitutional.

“I referred the governor to the judgment of the Supreme Court involving Fawehinmi and the Inspector General of Police. In the judgment delivered by Justice Uwaifo (rtd.), My lord subjected Section 308 of the constitution to a serious intellectual scrutiny and concluded that the immunity conferred on the President and governors by the constitution cannot be extended to investigations, if they are alleged to have committed criminal offences and of the three examples given by my lord, money found in an account of a governor was one of them.

He simply said supposed a sitting governor is accused of corrupt practices and money has been traced to an account, which is suspected to have been stolen, if it’s not investigated and the account cannot be touched, the money is likely to be moved and by the time he is out of office, the money would have disappeared. He went further that if a governor has his own car and that car killed somebody and you say that he cannot be investigated, the car might have been sold before the expiration of the term of office of the governor. Therefore, investigation shall be conducted. The report may be sent to the House of Assembly for impeachment or the report may be kept until the governor will be out of office and he can be prosecuted.

“The governor said, “Zenith Bank gave me the money for my election. If he maintains that position, he will be guilty of committing many offences under the law. N1.6b was taken from Abuja in cash. Nobody can take more than N2m cash around. So, that is against Section 1 of the Money laundering Act. Number two, if he says that a bank gave him money to campaign, that means the bank stole depositors funds and laundered it for a campaign.

Again, that is a serious offence under the company and allied matters Act because it specifically provided that no company or corporate body should deploy funds of the company for politics. So, if the governor maintains that, he will also contravene section 90 of the Electoral Act, which provides the no corporate body shall contribute more than N1 million to anybody for political campaign.”

He said just like the case of Abia State, where immunity could not save the governor who was removed, and that of President Muhammadu Buhari over his certificate, there are certain category of offences that a sitting chief executive of the country or the state would not enjoy immunity.”

On the issue of the forgery in the Senate, Falana said the action of the Attorney General of the federation was right in prosecuting the officials. “Section 4 of the Legislative Houses Powers and privileges Act forgery of the documents of the House of the Senate is a serious offence.

The Senate president or the Speaker is required under that law to report any forgery to the Attorney General of the federation, but because it was not done in this case, the Attorney General has decided to try them under the penal Code applicable in the FCT. But what was the reaction of the Senate? It said this is political victimisation, but has not said there is no forgery.”

Governor Adams Oshiomhole, Pastor Usani Uguru, Minister of Niger Delta Affairs, who was the chairman of the occasion, Elizabeth Ativie, Speaker of the State House of Assembly and other members of the state Executive Council were all at the occasion.

3 Comments

  • Author’s gravatar

    This fellow is an impostor, not fit to be called a SAN! Ofcourse in Nigeria anything goes, even certificatelos dictator is now the prosecutor (hunter), judge and executioner! How can he have the right to use an occassion he attended and a newspaper to comment on an important matter pending in court! May God help that West African country. The last is yet to come!!!

  • Author’s gravatar

    …..Femi Falana — you’re a man without conscience …..what did you do about president Muhammadu Buhari CERTIFICATE FORGERY ( agba ti ba ilu je )

    • Author’s gravatar

      God bless you my brother and continue to give you the courage to speak the truth. Amen. My brother, have you notice that in today’s Nigeria of Gen. Muhammadu Buhari or “PMB” (as he he is often called on these media platforms), very few people stand up or come forward – to speak the truth? It is as if the ruling FG govt. and their ever lying APC party have successfully cast a nation-wide evil spell on the reasoning faculties of that West African nation’s intelectuals! As a result, their eyes are closed and their wits as well are in a state of suspence!!! The current one-sided nation-wide witch-hunt of political opponents does not even worry them; provided non of their immediate family members are victims. May God help and rescue that West African country from the dirty fangs of the devil, including the “untouchable & murderous fulani herdsmen”. Amen.