Human
rights activist and Senior Advocate of Nigeria, Mr. Femi Falana, has
been labeled a mischievous lawyer by Special Assistant to Governor
Ayodele Fayose on Public Communications and New Media, Lere Olayinka.
Mr. Olayinka said the former President of the West African Bar
Association is a lawyer, who is always out to defend any position that
aligns with his “selfish desire”.
“Falana is only deceiving the Economic and Financial Crimes
Commission (EFCC) on Governor Ayodele Fayose’s matter because of his
ambition to contest the Ekiti State Governorship election in 2018,
thinking that he can achieve what he used the EFCC to achieve against
Governor Fayose in 2006 ten years after”, Mr. Olayinka said.
The media aide was reacting to a widely circulated statement by Mr.
Falana titled “The Limit of Gov. Fayose’s Legal Immunity” on Thursday,
in which he argued that the EFCC acted within the ambit of the law in
freezing the personal bank account of his state governor.
Citing various legal jurisprudences to back his position, the lawyer
further called for the prosecution of the governor for treason, arguing
that the immunity, which Mr. Fayose claims to enjoy, “has been watered
down” by reason of his (Fayose) admission that he partook in the “coup
which occurred in Ekiti State which culminated in his emergence as the
Ekiti State governor”.
Mr. Olayinka, however, said it was shameful that a lawyer of Mr. Falana’s standing could make such arguments.
“Even though this comment coming from Femi Falana ought to have been
ignored like we have always done because his hypocrisy has become so
legendary that he should no longer be taken seriously by sane minds, it
was shameful that Falana, a Senior Associate Nigeria (SAN) could say
that EFCC can freeze Nigerians bank accounts and obtain a court order
later even when Section 34 of the EFCC Act provided that a court order
must be obtained (ex-parte) and made available to the bank manager
before a bank account can be frozen”.
Olayinka said further; “Court Order is a condition precedent before a
bank account can be frozen and Section 34 of the EFCC Act is very clear
on this. It is unambiguous. It presupposes that EFCC cannot freeze the
bank account of any Nigerian, no matter the status without first
obtaining a court order and making same available to the bank manager.
“This position was also expressed by Justice Gabriel Kolawole of the
Federal High Court, Abuja, yesterday when he ordered the EFCC to pay
N12.5 million damages to the son of former Governor Murtala Nyako,
Senator Abdulaziz Nyako for unlawful freezing of his account and illegal
detention.
“It is therefore strange that a SAN could tell Nigerians that EFCC
can carry out an action first and obtain court order to justify the
action later.
“If I may ask, was Falana called to the Bar before he attended Law
School and passed his Call-To-Bar Exams? Was Falana’s LLB Certificate
given to him before he got admission to the University? Was Falana’s BL
Certificate issued to him before he attended the Law School? Was
Falana’s Birth Certificate issued before he was born? Was Falana’s
Marriage Certificate issued before he got married? Has Falana ever
travelled to UK or USA and obtained Visa later? Can I, Lere Olayinka,
because I can now quote some laws begin to practice as a lawyer and go
to University to study law later?
“Obviously, opinions of lawyers like Femi Falana are better left in
the trash cans and Nigerians should begin to thank God that he was not
made Attorney General of the Federation and Minister of Justice.
“It is also important to tell Falana to seek the face of the Lord for
forgiveness of his sins against Ekiti and Governor Fayose in
particular, because it appears God deliberately frustrated his bid to be
appointed Attorney General of the Federation and Minister of Justice
because of what he would have used the position for.
“For instance, over ten Ekiti indigenes were murdered during the APC
government of Dr Kayode Fayemi, Falana kept silent. He also kept silent
when the future of Ekiti State was being mortgaged to frivolous loans
and deductions from workers salary were not being remitted. It also made
no meaning to Falana that democratically elected local government
chairmen and councillors were sacked and council election was not
conducted throughout the four years of APC government in Ekiti State.
“Instead of hiding under human rights activism to perpetrate evil
against Ekiti and its people as he has always done, Falana should be
bold enough to declare his governorship ambition, which is not hidden
and let’s see how far he can go this time around.
“Like we have maintained, this is 2016 and 2006 that Falana and his
criminal collaborators used EFCC to remove Governor Fayose whose
impeachment was later declared illegal by the Supreme Court”.