Saraki’s trial, Fayose’s investigation in order – Falana
ASenior Advocate of Nigeria, Femi Falana, has said that the freezing of the personal account of Ekiti State governor, Ayo Fayose and the current prosecution of the leadership of the Senate over allegation of forgery are in order.
He said there are Supreme Court judgments which state that immunity for president, vice president, governors and their deputies cannot be extended to certain “criminal acts”.
Falana said this yesterday in Benin at the 60th birthday celebration of the Secretary to the Edo State Government (SSG), Professor Julius Ihonvebere.
Speaking on the topic “Limit of executive immunity”, he said, “The Supreme Court has also ruled that the Attorney General of the Federation can direct the Attorney General of a state to investigate allegation of public money being stolen if the money belongs to the state. The Supreme Court said at that time that the issue is about public funds that have been stolen”.
“Apart from the president, vice president, governors and their deputy who are protected under immunity in Section 308 of the constitution, the legislators are also asking for immunity. This is not the best time to make that request because some of the leaders of the parliament in our country are standing trial for false declaration of assets, forgery and conspiracy and some are even under threat of possible deportation to the United States to stand trial for rape and other related offences”, he said.
Citing the judgment of the Supreme Court between Fawehinmi and the Inspector General of Police delivered by Justice Uwaifo (rtd), Falana said the immunity conferred on the President and governors by the constitution cannot be extended to investigations if they are alleged to have committed criminal offences.