Governor Mimiko: "Why EFCC lacks power to investigate, freeze Fayose’s accounts"

Ondo State Governor, Olusegun Mimiko, has called on President Muhammadu Buhari to caution the Economic and Financial Crimes Commission, following the restriction placed on the account of Ekiti State governor, Ayodele Fayose.

He described the action of the EFCC as an abuse of the Constitution.

Mr. Mimiko who spoke in his capacity as Chairman of PDP Governors’ Forum, condemned the freezing of Mr. Fayose’ s bank account.

Mr. Fayose raised the alarm on Monday that his Zenith Bank account had been frozen by the EFCC.

The commission also confirmed the development and justified its action.

But Mr. Mimiko, who was reacting to the development in a statement in Akure on Tuesday, said the action of the anti-graft agency had portrayed the nation as one in crisis.

Mr. Mimiko said the EFCC had no power to interfere with the account of a sitting governor.

He said the action would not find comfort with the position of Section 308 of the Nigerian Constitution.

According to him, if the intention is to suggest any criminal infraction or fraud against the governor, the agency should have waited until he vacates office.

“What has happened is a blatant and violent infraction on the provision of the Constitution and our democracy, ” Mr. Mimiko said.

“It is an attempt to subvert the constitution and it is fascist. The intention is to achieve a penal sanction without going through the due criminal procedure and criminal proceedings.”

Governor Mimiko argued that the essence of Section 308 of the Constitution of the country was to save governors in the country from distractions.

“What they have done now is to distract the Governor of Ekiti and this is not good for our democracy, ” he said.

The governor further argued that immunity was part of the constitution “which must be respected whether anybody likes it or not. ”

He also contended that the EFCC’s action violated Section 96 of the 1999 constitution as amended which confer on every individual the right to fair hearing.

He warned that the country was beginning to manifest the signs of totalitarianism adding that the account of any individual could only be frozen after a court of competent jurisdiction had so ruled or an interim order by a court of competent jurisdiction was granted to the anti-graft agency .

Mr. Fayose has however vowed to challenge the restriction on his account “appropriately.”

[Premium Times]