Lawyer reveals strategy being adopted to get Fayose out of EFCC detentionHuman rights lawyer, Chief Mike Ozekhome (SAN), has said efforts had begun to secure release of former Governor of Ekiti state, Ayodele Fayose, from the custody of the Economic and Financial Crimes Commission (EFCC).
- Chief Mike Ozekhome (SAN) reveals that there are plans to get former Governor Ayodele Fayose out of EFCC custody
- Ozekhome says Fayose's lawyer will go to court to enforce the former governor's fundamental rights
- The lawyer says the EFCC has no right to detain the former governor beyond 24 hours
Human rights lawyer, Chief Mike Ozekhome (SAN), has said efforts had begun to secure release of former Governor of Ekiti state, Ayodele Fayose, from the custody of the Economic and Financial Crimes Commission (EFCC).
Ozekhome said this on Thursday, October 18, in an interview with the News Agency of Nigeria (NAN) in Abuja.
The report said Fayose, whose tenure as governor ended on Monday, October 15, had on Tuesday, October 16, reported at EFCC office in Abuja to answer to some allegations levelled against while in office as governor.
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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.??
The report quoted Ozekhome as saying 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.
The senior lawyer 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.
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?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.
Legit.ng earlier reported that the Economic and Financial Crimes Commission in an alert Thursday, October 18, flagged an audio circulating in the social media in which the acting chairman, Ibrahim Magu, purportedly made comments to the effect that, nothing will happen if former governor Ayo Fayose, dies in custody. News Agency of Nigeria (NAN) reports that the EFCC spokesman, Wilson Uwujaren, said the fake audio tape did not disclose the place where the conversation occurred and the person that Magu was supposedly talking to. Read more: https://www.legit.ng/1198942-fayose-fake-magu-tape-circulation.html
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Lawyer reveals strategy being adopted to get Fayose out of EFCC detention
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