Rights group, the Socio-Economic Rights and Accountability Project (SERAP) yesterday said that: “The freezing of Governor Ayodele Fayose’s account by the Economic and Financial Crimes Commission (EFCC) is lawful under section 308 of the 1999 constitution and international law particularly the UN Convention against Corruption to which Nigeria is a state party.”
The group argued that: “The freezing of the account is a preventive measure targeting the rem, which is necessary for the conduct of an effective investigation of allegations of corruption involving former National Security Adviser, Sambo Dazuki.”
The group in a statement by its Executive Director, Adetokunbo Mumuni, stated that: “The freezing of accounts of sitting governors and other high-ranking public officials accused of corruption is essential for the flow of investigation, which is allowed under section 308. The investigation is pointless without the freezing of the account.”
The statement reads in part: “Specifically, article 30 of the UN Convention against Corruption entrenches a functional notion of immunity; that is, it attaches to the office and not the office holder. Under article 30, states are required to ensure that immunity of public officials is not used as a ploy to frustrate prosecution of cases involving other persons such as Dazuki, accused of corruption.
“SERAP believes without the freezing of the accounts of Fayose by the EFCC, the investigation and adjudication of corruption and money laundering allegations involving the former National Security Adviser may be undermined, which will directly violate article 30 requirements.”
“It would amount to a travesty of justice for section 308 to be interpreted in a manner that will render sitting governors and other high-ranking public officials effectively above and beyond the reach of the law,” the group added.
Meanwhile, the All Progressives Congress (APC) in Ekiti State has said that it will soon react to the fraud charges against Governor Fayose by the EFCC over how money from the arms deal was allegedly diverted to fund his election.
Reacting to Fayose’s allegation that the party funded the protest rally against him by civil society organisations in Ado-Ekiti at the weekend, APC Publicity Secretary, Taiwo Olatunbosun, said, “the governor was confused on how to react to the anti-graft agency on how he diverted arms cash to win his election.”
He denied APC’s involvement in the rally, assuring the governor that very soon, the party will react through mass actions to draw the world’s attention to the situation in Ekiti.
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