The Ekiti State Government on Monday in Abuja described the arrest of two of its commissioners by the Economic and Financial Crimes Commission as unconstitutional.
The two government officials until their arrest, were serving under the administration of Governor Ayodele Fayose.
The Commissioner for Finance, Toyin Ojo; and the Accountant General of the State, Yemisi Owolabi were picked by the EFCC over allegations bothering on misapplication of certain resources that accrued to the state government.
However, speaking at a press conference in Abuja on Monday, the Attorney-General of the State, Mr Kolapo Kolade, described the action of the EFCC as unconstitutional and a display of what he called executive lawlessness.
He said that a valid subsisting court 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.
He said that the order of 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 of the court, he said, was duly served on the EFCC on November 7, 2016, adding that the order had yet to be vacated as of the time the officials were arrested by the EFCC.
The commissioner said, “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 Judicial Division of the Federal High Court sat over the case on the 24th day 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 15/02/2017 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.
“The EFCC is not above the law and the Agency is bound to obey Lawful Orders made by Courts as in this case.
“The Actions of the EFCC are to say, the least lawful and a raw show of executive lawlessness.”
Kolade accused the EFCC of acting outside its constitutional mandate by attempting to look into the account books of the state.
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