The Ekiti
State House of Assembly has threatened to initiate contempt proceedings against
the Economic and Financial Crimes Commission (EFCC) acting chairman,
Ibrahim
Magu over the arrest and detention of the State Commissioner for Finance, Toyin
Ojo and the Accountant General, Yemi Owolabi.
It described
the EFCC arrest of Mr. Ojo and Mrs. Owolabi as “premeditated, malicious,
politically motivated, contemptuous and unconstitutional in all ramifications”,
and that it smacked of gangsterism by an agency that derives its power from the
constitution but acts in clear contempt of the rule of law.
“It is in
view of this that we demand the immediate release of the Commissioner for
Finance, Chief Toyin Ojo and the State Accountant General, Mrs Yemisi Owolabi,”
the House said.
The House of
Assembly, in its letter dated October 2, 2017 and signed by the Speaker,
Kolawole Oluwawole, which was delivered at the EFCC’s Abuja office Tuesday,
said there was a subsisting order of the Federal High Court, Ado Ekiti granted
on November 7, 2016, in the case of Attorney General of Ekiti State Vs EFCC,
IGP, Ekiti State House of Assembly and 15 others.
The letter
delivered by the Chairman of the House Committee on Information, Samuel
Omotoso, Sina Animasaun and Dayo Akinleye read; “The court granted an Order of
Interim Injunction restraining the 1st and 2nd defendants (EFCC and the
Inspector General of Police, their agents, privies or any other investigative
agencies, however described) from arresting, detaining or investigating any
person or persons, whether past or present officials in the Ekiti State
Government, without any report of indictment from the Ekiti State House of
Assembly pending the hearing and determination of the Motion on Notice filed in
this suit.
“It also
granted an Order of Interim Injunction restraining the 3rd – 7th defendants
(Speaker of the Ekiti State House of Assembly, the House of Assembly, Clerk of
the Ekiti State House of Assembly, Accountant General and Auditor General of
Ekiti State) by themselves or by their servants , agents, and privies from
surrendering their constitutional assigned roles, including power of control
over the public funds of Ekiti State, the duty to direct or cause to be
directed the investigation or the disbursement and administration of money
appropriated or to be appropriated under any appropriated bill passed by the
House of Assembly or as enabled under constitution, pending the determination
of the Motion on Notice already filed in this suit.
“The
consequential effects of the court order, which has not been vacated by a
superior court, is that the Ekiti State House of Assembly, being the only
institution vested with the powers to appropriate fund for the State Government
and enforces the judicious use of such, through its Public Account Committee
must first carry out its function of investigating the use of fund appropriated
for the
State
Government and report of indictment made.
“In this
instance case, the Ekiti State House of Assembly did not report any indictment
against the Commissioner for Finance, Chief Toyin Ojo and the Accountant
General, Mrs Yemi Owolabi to the EFCC.
“Therefore,
the EFCC acted in violation of a valid and subsisting court order by arresting
and detaining since Thursday, September 28, 2017, the Ekiti State Commissioner
for Finance, Chief Toyin Ojo and Accountant General, Mrs Yemi Owolabi.”
Describing
the EFCC as partisan, the House said; “Despite the petition against former
Governor of Ekiti State, Dr Kayode Fayemi and others dated November 24, 2016
and submitted to the EFCC by the Ekiti State House of Assembly; you have
declined to invite any of those that we complained against.
“Instead of
acting on our petition, your commission opted to turn itself into an agent of
harassment and intimidation against the Government of Ekiti State, acting on
every frivolous petition.”
EFCC Acting Chairman, Ibrahim Magu
The House of
Assembly vowed that it will not surrender its Constitutional responsibilities
to EFCC or any agency of the Federal Government under any guise.
“Democracy
is about respect for the rule of law and the EFCC, being an agency of the
federal government established by an Act of the National Assembly cannot and
must not act against the Constitution of Nigeria by usurping the powers of the
State House of Assembly, and we view strongly the continuous display of
impunity by the commission.
“We
therefore wish to put you on notice that should you fail to desist from further
disobedience to the court order mention above by continuous infraction against
the people and the government of Ekiti State, contempt proceeding will be
initiated against you without delay,” it said.
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