A Civil Rights Attorney from Imo state representing the Chief of Army Staff, Lt. Gen. Tukur Buratai, Barrister Ugochukwu Osuagwu, has lampooned the Ekiti State governor, Ayodele Fayose over his recent attack on him.
Barrister Osuagwu made the position known in a statement issued on New year eve titled “ATTACK ON PERSON OF CHIEF OF ARMY STAFF, T.Y.BURATAI BY GOVERNOR FAYOSE: DEMAND FOR RETRACTION WITHIN SEVEN DAYS”.
The learned Barrister chided Fayose for making spurious, unsubstantiated allegations against his client, Buratai and threatened legal action unless Fayose retracts within seven days.
The statement reads:
I have watched with dismay on AIT today how Governor Fayose, without regard for caution, went wild castigating General Buratai as being Corrupt.
Fayose merely alluded to an alleged Dubai property belonging to Buratai Spouse without furnishing further details on how Buratai became Corrupt .
I am yet to see any evidence presented by Governor Fayose over his labeling General Buratai as Corrupt.
Or, does Fayose thinks he can just malign and injure the credibility of General Buratai and go scot free without providing evidence to substantiate the corruption allegation?
Governor Fayose fail to realize that he can be sued civilly in his personal capacity in Court and can even be invited, detained and investigated by the Police for criminal defamation?
The constitutional immunity for the President, Vice President, Governors and Deputy Governors only protect them from prosecution in law court but not from been investigated.
The constitutional immunity only shields President and Vice together with the governors from prosecution while on seat but not from been investigated.
If the constitution allows investigation of a sitting governor, there is nothing wrong getting him invited and detained if there was enough evidence that he has breached any part of the criminal laws including that of criminal defamation.
A sitting governor can be investigated, invited and detained
Mr. Fayose can be detained and investigated by the Police.
To buttress this point, the Supreme Court has held in FAWEHINMI v. IGP that any of the office holders mentioned in Section 308 (3) of the 1999 Constitution (the President, Vice President, Governor and Deputy Governor) can be investigated by the police or any other law enforcement agency for any allegation of crime or offence in office.
It is a shame that while the whole world is busy celebrating the exploits of the Nigerian Army, General Buratai, the Air Force, and President Buhari, Governor Fayose is busy undermining this feat and making jest of the Nigerian Army.
Governor Fayose has seven days within which to provide certified and credible evidence to justify tagging General Buratai as Corrupt failing which relevant provisions of the Law will be invoked against him.
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