Ekitigate: Fayose cannot hide under the immunity – Falana

– Femi Falana said that Governor Ayodele Fayose of Ekiti state can be arrested and prosecuted if he is indicted by a panel set up by the military

– Temitope Aluko, a former secretary of the Ekiti chapter of the Peoples Democratic Party, could be used as a prosecution witness by the federal government

– The lawyer noted that the governor could be prosecuted despite the immunity he enjoys as the state governor

Femi Falana, a human rights lawyer and Senior Advocate of Nigeria, has said that Governor Ayodele Fayose of Ekiti state can be prosecuted if he is indicted by a panel set up by the military.

It would be recalled that the report of the panel was submitted to the chief of army staff, Tukur Buratai, in January.

Speaking with The Punch, Falana said that if Fayose was indicted by the panel, Temitope Aluko, a former secretary of the Ekiti chapter of the Peoples Democratic Party (PDP), could be used as a prosecution witness by the federal government.

In a recent interview, Aluko alleged that the PDP used the military to influence the governorship election in favour of Fayose and the governor received $37m from former president Goodluck Jonathan for the election.

READ ALSO: Ekitigate update: Aluko in DSS custody, expected to tell more on Monday

Commenting on the current investigation, Falana said:

“The army authorities had investigated the fraudulent governorship election purportedly won by Mr. Ayo Fayose in June 2014. It has been confirmed that it was not an election but a coup executed by armed soldiers led by one General (Aliyu) Momoh.

“The panel which investigated the shameful event has recommended the dismissal of a number of military officers and the further investigation of others by the EFCC over the money illegally collected by them for the purpose of subjecting voters to horrendous harassment and brutalisation. Captain Sagir Koli watched the whole messy show and decided to record Momoh and his accomplices.”

The lawyer noted that when the panel report is released and the EFCC’s investigation is concluded all the indicted suspects will be arrested and prosecuted.

Falana noted that Fayose could be prosecuted if indicted despite the immunity he enjoys as the state governor.

READ ALSO: Ekiti state workers shocked as Fayose withdraws their salaries after payment

“There is no immunity for impunity as far as electoral malfeasance is concerned. In the cases of Obi v Mbakwe, Alliance for Democracy v Ayo Fayose and Amaechi v INEC it has been established that governors cannot hide under the immunity clause to commit electoral fraud.

“By the strict interpretation of section 308 of the Constitution no court process can be issued or served on a governor. But because immunity cannot be pleaded or invoked to cover electoral fraud, elected governors are served with court processes and dragged to court to respond to allegations of electoral malpractice.”

Meanwhile, Governor Fayose has said in the inteview that he won the election without soldiers and all allegations laid against him are mere propaganda.

“God has given me this place. No amount of powers that will take this place from me because the gift of God is without repentance. How can only me defeat three governors, Segun Oni, Adebayo and Fayemi. I defeated them and they are still complaining,” he stressed.

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