his deputy, Yemi Osinbajo and governors who
committed criminal act could be arrested while in
office and taken for trials.
Falana said this while speaking on: “Limit of
executive immunity” in Benin to mark the 60th
birthday of the Secretary to the State Government
(SSG) of Edo, Prof Julius Ihonvebere.
The charismatic advocate said that immunity did
not also extend to electoral fraud.
Falana said according to a Supreme Court ruling,
there was no longer absolute immunity, Premium
Times reports.
Governors involved in criminal charges, including
the leadership of the National Assembly must face
the law, Falana opined.
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Mr. Falana had earlier in an article published by
PREMIUM TIMES on June 22 quoted the Supreme
Court as ruling in Chief Gani Fawehinmi vs.
Inspector General of Police (2002) 23 WRN 1:
“That a person protected under section 308 of the
1999 Constitution, going by its provisions, can be
investigated by the police for an alleged crime or
offence is, in my view, beyond dispute. To hold
otherwise is to create a monstrous situation whose
manifestation may not be fully appreciated until
illustrated…
“The evidence may be useful for impeachment
purposes if the House of Assembly may have need of
it. It may no doubt be used for prosecution of the
said incumbent Governor after he has left office. But
to do nothing under the pretext that a Governor
cannot be investigated is a disservice to the society,”
Falana said.
He urged the Senate President, Bukola Saraki and
his Deputy, Ike Ekweremadu, to face the forgery
charges against them rather than politicking about
it, saying “they have no immunity to dodge the
charges against them.’’
He faulted the invitation extended to the Attorney
General of the Federation, Abubakar Malami, by
the leadership of the senate over the forgery
allegation against the senate president and his
deputy.
“The senate is now politicising the issue, saying it is
political victimization but not that the offence was not
committed.
“As leaders of the National Assembly, you are
supposed to be above board and that is even the
more reason you must be careful.
“But I want to remind the senate that the Attorney
General of the Federation is only answerable to his
boss, who is the president and nobody else.
“The same thing applies to the states, so there is no
longer absolute immunity in this country.
“And that is why what is happening in Ekiti today
about money found in a bank and the governor is
saying it is illegal to freeze his account that is not
true.
“Any issue that is criminal in nature must be treated
as such,” he declared.
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Falana however described Mr. Ihonvbere as a
resourceful Nigerian, who fought doggedly for the
nation’s democracy.
Governor Adams Oshiomhole; the Minister of Niger
Delta Affairs, Usani Uguru; Speaker of the state
House of Assembly, Elizabeth Ativie and other
members of the State Executive Council were
present at the occasion.
Femi Falana, slammed the Nigeria Army for
defending Buratai over the Dubai properties. Falana
said it was not the business of the Army to speak
for Buratai on the allegations.
“Buratai should willingly invite the CCB, the EFCC, the
ICPC to look into the matter. If Buratai was alleged to
have unjustly purchased the houses, he has to come
out to defend himself. He must show how the money
used to purchase the houses was transferred,” he
said.
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