The Civil Rights Realisation And Advancement Network (CRRAN) has said that the Economic and Financial Crimes Commission(EFCC) lacks the power to use the military to arrest ex-governor Yahaya Bello, any other citizen nor invade the Kogi State government house.
It will be recalled that the EFCC had through its’ senior lawyers on the 18th April 2024, stated before the Federal High Court, Abuja, that they will arraign Yahaya Bello, former governor of Kogi State, even if they have to use the military and that immunity is only attached to a person and not the building.
CRRAN in a statement by its President, Olu Omotayo Esq, said the proposition by the anti-graft commission ‘is unfortunate that this highly reprehensible statement was made in the temple of justice.
“The EFCC does not have the power to deploy the military in its’ operation. The deployment of the military in any operation, even by the President is subject to the provisions of Section 217, of the Constitution of Federal Republic of Nigeria, and the Court has affirmed this position of the law. In the Case: HON. MINISTER OF DEFENCE & ANOR V. OCHIKIRI & ORS (2020) LPELR-51352(CA) (Pp. 27-29 paras. D-D) The Court of Appeal considered this provision of the Constitution and held thus:
“Section 217(2)(c) reads as follows:
217 (2) The Federation shall, subject to an act of the National Assembly made in that behalf, equip and maintain the Armed Forces of the Federation as may be established by an Act of the National Assembly.
(c) Suppressing insurrection and acting in aid of civil authorities to restore orders when called upon to do so by the President but subject to such conditions as may be prescribed by an Act of the National Assembly and ……
“This Section is applicable only to States where there is emergency, Strikes or Riots requiring the intervention of the Federal Government through the President and the National Assembly.” Per OWOADE ,J.C.A”
Omotosho insisted that “the issue in Kogi is neither an emergency nor insurrection to warrant the deployment of the military through the President and the National Assembly.
“The citizens should be vigilant to protect the Fundamental rights guaranteed them by the Constitution so that any institution while attempting to act ultra vires can be quickly halted while galloping along the road of lawlessness and impunity.
“For whatever reason or motive any invasion of Kogi State Government House under the authorization of the President will be unconstitutional, assault on the Rule of Law and Kogi State symbol of authority and the people of Kogi State.
“It would be recalled that when President Tinubu was governor of Lagos and challenged the Federal government at the Supreme Court, in the case: ATT GEN OF LAGOS STATE V. ATT GEN OF FEDERATION (2004) LPELR-10(SC) (Pp. 44-46 paras. D)
“The Supreme Court while admonishing President Obasanjo, stated thus: ‘It has been argued that the President by virtue of the ‘Oath of Office,’ which he took in assumption of office, he is bound ‘to protect and defend the Constitution’. In addition, the ‘executive powers of the Federation’, is vested in the President by Section 5 Subsection (1) (a) of the Constitution and such powers extend to the execution and maintenance of the Constitution. This is certainly so, but the question is does such power extend to the President committing an illegality?.. Per UWAIS ,C.J.N.
“So we commit this judgment of the Supreme Court to the president and urge him not to pursue the route of illegality and invade Kogi State government house with the military.”
