Constitutional Immunity and the 'Trial' of Governor Fayose: A Review

9 Pages Posted: 25 Jun 2016 Last revised: 27 Jun 2016

Date Written: June 23, 2016

Abstract

Constitutional immunity is not alien to Nigeria legal jurisprudence. On many occasions the efficacy of the immunity accorded to members of the executive has been subjected to various legal tests. The ex-parte Order of the Court to freeze Governor Fayose’s personal bank account is just one of those legal tests and the most recent. In this work, the Author attempts to examine the constitutional validity of the Order obtained by the Economic and Financial Crimes Commission (EFCC) vis-à-vis the provisions of the 1999 constitution of the Federal Republic of Nigeria, the EFCC Act, and case law. The Author finds that although a sitting governor can be investigated, the freezing of the personal bank account of an incumbent governor is a grave infringement of the constitution of Nigeria and ultra vires the powers of EFCC as stated in the enabling law, the EFCC Act.

Keywords: Constitution, Constitutional immunity, Economic and Financial Crimes Commission, freezing an incumbent governor's account

JEL Classification: K42

Suggested Citation

Emem, Theophilus, Constitutional Immunity and the 'Trial' of Governor Fayose: A Review (June 23, 2016). Available at SSRN: https://ssrn.com/abstract=2799936 or http://dx.doi.org/10.2139/ssrn.2799936
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