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+--- Thread: EFCC Has No Right To Keep Fayose For Over 24 Hours _ Ozekhome (/showthread.php?tid=10664)
EFCC Has No Right To Keep Fayose For Over 24 Hours _ Ozekhome - Edoman - 10-19-2018
Human rights lawyer, Chief Mike Ozekhome (SAN), said efforts had begun to secure release of former Governor of Ekiti State, Mr Ayodele Fayose, from Economic and Financial Crimes Commission (EFCC) custody.
Ozekhome said this in an interview with the Newsmen in Abuja on Thursday.
Fayose, whose tenure as governor ended on Monday, had on Tuesday reported at EFCC office in Abuja to answer to some allegations levelled against while in office as governor.
Ozekhome said “Fayose’s lawyers are already taking steps to enforce his fundamental human rights by getting him released.
“Yes, his lawyers will go to court to enforce his fundamental human rights.
“The EFCC has no right to keep him for over 24 hours.
“If they have done that by obtaining a Magistrate Court’s Order that will be in the form of “holding charge” which has been declared unconstitutional and illegal by the Supreme Court.
“Holding charge is illegal. It is unconstitutional.’’
Ozekhome said that the section of the Administration of Criminal Justice Act (ACJA) permitting a magistrate to detain a suspect for 14 days was illegal.
According to him, any action outside the provisions of Section 35 of the Constitution which specifically provides for 24 hours, is illegal and unconstitutional.
He explained that the ACJA allowed for detention of a suspect for 14 days, but that Section 35 of the Constitution made it clear that a person could only be detained for 24 hours.
“So, when there is a clash between the statute, like the ACJA, and the Constitution, the Constitution prevails by virtue of Section 1(3).
“If they have gotten an order for two weeks from the magistrate court, it is unconstitutional,” Ozekhome stressed.
Recalls that Ozekhome was among Fayose’s supporters who accompanied him to the EFCC on Tuesday.
He had said that the present administration was governed by constitutionalism, and that it was a constitutional democracy.
When contacted for update of Fayose, especially on the detention, Head, Media and Publicity of EFCC, Mr Wilson Uwujaren, he simply said, “there is no update at the moment.”
Source:
http://www.naijahitplay.com/2018/10/we-are-taking-steps-to-enforce-fayose.html?m=1
RE: EFCC Has No Right To Keep Fayose For Over 24 Hours _ Ozekhome - Edoman - 10-19-2018
The Economic and Financial Crimes Commission has disowned audio recording of a conversation currently circulating in the social media in which the acting Chairman of the Commission, Ibrahim Magu, purportedly made comments to the effect that, nothing will happen peradventure Ayo Fayose, former governor of Ekiti State, dies in custody.
EFCC spokesperson, Wilson Uwujaren, explained that the audio tape did not disclose the place where the conversation occurred and the person that Magu was supposedly talking to.
He noted that “the audio recording is fake as the comments did not emanate from the Chairman of the EFCC.”
Uwujaren noted that the Commission “wishes to alert the general public about an audio recording of a conversation currently circulating in the social media in which the Acting Chairman of the Commission, Ibrahim Magu, purportedly made comments to the effect that, nothing will happen peradventure Ayo Fayose, former governor of Ekiti State, dies in custody.
“Interestingly, the audio tape did not disclose the place where the conversation occurred and the person that Magu was supposedly talking to.
“Members of the public are advised to disregard this disingenuous creation as it is the handiwork of mischief makers intent on distracting the Commission from the serious work of wrapping up the investigation into the corruption allegations against the former governor of Ekiti state.
“The audio recording is fake as the comments did not emanate from the Chairman of the EFCC.
Purveyors of this fake news especially a former spokesperson of a leading political party are warned to desist.”
Meanwhile, the Nigeria Police Force called on the members of the public to ignore and disregard the video or any insinuation on the Facebook page from ‘The Due Process Advocate’ as ill-motive, mischievous, misinformation aimed at casting aspersions on the hard-earned integrity and credibility of Police Officers and Men.
Force PRO, Jimoh Moshood noted that “the attention of the Nigeria Police Force has been drawn to a post on a Facebook page of a group with insignia: The Due Process Advocate and a video peddling on Social Media by the convener of same group, one Emeka Ephraim Ugwuonye.
“The Nigeria Police Force sees the video and publication as a desperate and deliberate attempt to incite members of the Public against the Force.
“Consequently, the said Emeka Ephraim Ugwuonye is presently facing criminal prosecution and was arraigned at the Magistrate Court 3, Wuse Zone 6, AMAC, FCT, yesterday.”
https://www.mcebisco.com.ng/2018/10/fayose-efcc-disowns-magu-threat-tape-in.html