NIGERIA - PROFESSOR OF LAW SAYS EFCC LEGALLY FREEZED FAYOSE'S ACCOUNT

The Dean of Faculty of law, Enugu state University of Science and Technology (ESUT) Prof Frank Asogwa, has said that Economic and Financial Crime Commission (EFCC) has the constitutional right to freeze personal bank account of any sitting governor if he/she contravenes the constitutional provisions of law of the country. 

:: Read - FAYOSE'S account frozen by EFCC

Prof. Asogwa, disclosed this in an interview with journalists at the University town of Nsukka, saying that the law allows EFCC to freeze any personal bank account of individuals under investigation of the commission if the said account points to subject of investigation, including that of any sitting governor, suspected to have being used for money laundering and any other illegal financial transactions. 

“EFCC has the legal right to freeze the account of any sitting governor that his personal account was suspected to have been used for money laundering and illegal financial transaction without the constitutional provisions of the law. If EFCC has proof that such account was used for money laundrying, no matter the immunity clause, the law allows the commission to freeze such account. The constitutional immunity for the President, Vice President, Governors and Deputy Governors only protect them from prosecution in law court but not from been investigated;’’ he noted “The constitutional immunity only shields President and Vice together with the governors from prosecution while on seat but not from been investigated. 

“Freezing of account is a prelude to investigation, if the constitution allows investigation of a sitting governor, there is nothing wrong freezing his account if there was enough evidence that his account is used for money laundering or other illegal financial acts. A sitting governor can be investigated but cannot be prosecuted until his tenure expires before he can be prosecuted’’ he said. 

The dean also said that EFCC were not expected to inform anybody whose account was suspected for money laundering and any illegal financial acts before freezing such account as such information would afford the opportunity to render such deficit balance which would destroy the evidence against the suspect. It would be recalled that Ekiti State Governor, Mr Ayodele Fayose recently raised alarm that EFCC had frozen his Zenith bank account.

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