Reacting to a recent piece written by the legal practitioner, Olayinka alleged that Falana had formed the habit of defending any position that satisfies his “selfish desire”, taunting him for losing out in the alleged bid to become the attorney-general of the federation.
Falana had said Fayose’s immunity has limits, and that the Economic and Financial Crimes Commission (EFCC) did not act outside the law by freezing the governor’s personal account.
“It is 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 in a statement.
“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.
“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.”
Olayinka argued that the anti-graft agency abused the constitution by blocking his principal’s account.
He said a judge awarded charges against the commission for doing the same to a serving senator, who is the son of a former governor of Adamawa state.
“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,” he said.
“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.”
Fayose’s aide, who said the lawyer lost his voice when alleged atrocities were committed during the administration of Kayode Fayemi, the incumbent minister of solid minerals, has been speaking lately.
He asked the lawyer to “seek the face of the Lord for forgiveness of his sins against Ekiti and Governor Fayose in particular”.
“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,” he said.
“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.”
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