- By Akinleye Segun
The title of this piece might sound strange, especially to those who have not been conversant with happenings in our political sphere but I have to borrow the phrase from the book titled ‘Animal Farm’ written by the Englishman, George Orwell, as this is what best describe the situation Nigeria has found herself in, especially in the lopsided fight against corruption embarked upon by the Buhari led federal government.
The governor of Ekiti State, Ayo Fayose, has been in the news recently, not that he ever left, but this time around, he is at the receiving end as his personal account at Zenith Bank has been frozen by the Economic and Financial Crimes Commission, EFCC over alleged diversion of public funds.
In situations like this, many political analysts and commentators have had a field day defending the actions of the EFCC over its ill-advised action in freezing the personal account of a sitting governor. The issue has generated a lot of controversies, especially when it concerns an actor covered by the immunity clause as provided for in the 1999 constitution of the Federal Republic of Nigeria, section 308(1).
It wasn’t surprising when the legal icon, Femi Falana rose to the defense of the EFCC by muddling Section 28 of the EFCC Act to justify the said action of the anti graft agency and I can imagine the Late Gani Fawehinmi, whose shoulders Femi Falana rose to prominence, shaking his head in the world beyond and feeling sorry for not only Falana but for the drastic turn the democratic process of our nation has taken in the space of one year – the outright abuse and disregard for the constitution. What is to be expected? This is the same Falana that was enlisted by the federal government to defend the certificate scandal the president is enmeshed in, something Gani Fawehinmi would have turned his back on, ask Bola Tinubu.
Section 308 of the 1999 constitution states that “No civil or criminal proceedings shall be instituted or continued against a person to whom the section applies during his period in office; and a person to whom the section applies shall not be arrested or imprisoned either in pursuance of the process of any court or otherwise; and no process of any court requiring or compelling the appearance of a person to whom the section applies, shall be applied for or issued.”
This section explicitly identifies the immunity class by stating that it only applies to a person holding the office of President or Vice President, Governor or Deputy Governor.
From the above, irrespective of what the EFCC has said about going to court and obtaining an order before the governor’s personal account was frozen, it can be deduced that the agency has gone against the constitution of the country and as such, it is engaged in an unlawful fight and one which might not suffice to say, a personal vendetta against the perceived enemy of the president.
On the other hand, Section 28 of the EFCC Act provides that “Where a person is arrested for an offense under this Act, the commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the court.”
Now, can we ask ourselves, was the governor arrested? This section provides that once a person is arrested, then the agency is free to go ahead and do what it pleases with the assets and properties of such a person. Why muddle this section to justify the recklessness of the EFCC against the opposition? To further erase whatever doubt might still exist in the minds of people regarding this flagrant abuse of constitutional powers, let me take you back to the constitution, as this is the compass guiding a sane democracy but unfortunately, ours is not a sane one.
Section 1 of the same 1999 constitution of the Federal Republic of Nigeria states that: (1) the constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
3) If any law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
The emphasis is therefore on the last part that invalidates other laws if they are inconsistent with the constitution. Therefore, there is no legal ground for the freezing of Fayose’s account. There are no justification whatsoever and Nigerians should disregard the have-been lawyers who have had their best days and sold their conscience for the post of Senior Advocate of Nigeria, SAN.
The EFCC is a tool in the hands of the Federal Government and it is after its enemies. Where is Femi FaniKayode? Cooling his feet at the underground cell of the EFCC. Who else has been more vocal in criticizing the administration of President Buhari than Fayose? In the words of a friend, ‘Fayose is to Buhari what Amaechi was to Goodluck Jonathan’. Gradually, the FG through the EFCC is silencing the opposition. Every threat is being tackled.
The FG has taken the Senate President and the Deputy Senate president to court over allegations of forgery, whereas the President appointed SANs to defend his certificate forgery. A typical case of all animals are equal, but some are more equal than others. This is coming from a self acclaimed reformed democrat. The Minister for Power, Housing and Works, Tunde Fashola, was accused by the Lagos state government of spending outrageous amounts digging a borehole and hosting websites, but what did we get? The EFCC turned the other eye. All animals are equal, but some are more equal than others. It wasn’t just a baseless accusation, facts were provided but nothing happened. Fashola is not in the opposition.
What is attainable in Nigeria, especially since the dawn on this APC led administration can be likened to what happened in Animal Farm. All effort is being made to silence the critics of this administration, a move which, if not checked, will be disastrous for our ailing democracy. On paper, all animals are no doubt equal, but there is the unwritten attachment that same are more equal than others. Our Napoleon is going round with his whip and his pigs, striking fear in the minds of the opposition. This is a gradual decent into tyranny. This is the time for every right thinking member of the society to have a rethink. If suddenly, the desperation of the Federal government could make it go brazenly after a sitting governor whose only crime is playing the opposition, then what happens to those without the immunity clause? These unfolding events have actually played itself out back when Buhari was the military head of state. Remember the late sage, Obafemi Awolowo? He was harassed and his passport seized by Buhari. What about Tai Solarin? Adekunle Ajasin was jailed on trumped up charges.
The gross misuse of power, blatant abuse of fundamental human rights and disregard for the constitution are the ingredients that make up a tyrant. The urgency to silence all forms of critics, the need to stifle the opposition at all cost, is a precursor to returning Nigeria to the path of destruction.
At the rate this present administration is going with its campaign of calumny against the opposition, it won’t be surprising if by 2018, there will be no opposition left in the country. No matter how corrupt you may be, decamp to the All Progressives Congress, APC, and your sins are forgiven. The unwritten rule is this: If you want to remain in the opposition, do not criticize this administration. If you do, what has befallen Ayo Fayose will befall you. This is just a tip of the iceberg. The attack dog of the Federal government, EFCC, is on the loose and it would shred the constitution in order to bring the opposition to its knees.
Akinleye Segun can be reached on twitter via @mypenspeaks
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