By Dirisu Yakubu

ABUJA—The Ekiti State Government, yesterday, described as unconstitutional the arrest of two key officials in the administration of Governor Ayodele Fayose by operatives of the Economic and Financial Crimes Commission, EFCC.

Ekiti State Commissioner for Finance, Toyin Ojo and the State Accountant General, Yemisi Owolabi were picked up by the EFCC last Thursday over allegations bothering on the Ekiti State finances.

EFCC operatives

Speaking at a press conference in Abuja, the Ekiti State Attorney-General, Kolapo Olugbenga Kolade, on behalf of the State Government, condemned the action of the EFCC, saying it was unconstitutional and a display of executive lawlessness.

He argued that a  subsisting order was issued in 2016 by a Federal High Court in a suit FHC/AD/CS/32/2016 in which the EFCC was a defendant, wherein the court barred the EFCC from arresting, detaining or investigating any person or persons whether past or present officials in the Ekiti State Government without any report of indictment by the Ekiti State House of Assembly.

The order, in his words, was sought due to the serial arrest and embarrassment of the state officials by the EFCC over issues that do not fall within the scope of the anti graft agency.

“Following the Interim Order, the EFCC wrote a petition to the Chief Judge of the Federal High Court for the transfer of the case to another Federal High Court Judge and the case was subsequently transferred to the Akure Judicial Division of the Federal High Court.

“The Akure Court then sat over the case on the 24th of January, 2017 and re-emphasized the order made earlier by the Ado Ekiti Judicial Division of the Federal High Court.

“The case was adjourned to the 15th day of February, for hearing. However, the Judge referred the case back to the Chief Judge of the Federal High Court to have a second look at the issue of transferring the case to the Akure Judicial Division of the Federal High Court.

“The Order of the Federal High court has not been vacated till date. In Order words, the issue of the arrest and or detention of the Ekiti State Government Officials is subjudice,” he argued, warning that the “EFCC is not above the law but bound to obey Lawful Orders made by courts as in this case,” Kolade said.

Wondering why the EFCC  acted outside its constitutional mandate by attempting to look into the account books of the state, the commissioner said such conduct violates Section 125(5) (6) and 128 (2) (b) of the 1999 Constitution (as amended) which gives such power to the State House of Assembly only which can also raise alarm on any act of fraud detected (if any).

“It is only when there is any complaint by the Ekiti State House of Assembly to the EFCC and, or any other investigative agency that such agency can arrest or investigate any financial impropriety. Any provision of the EFCC Act that is inconsistent with the above cited provisions of the Constitution shall be void to the extent of its inconsistency.