Chief Mike Ozekhome (SAN), Human Right has said that efforts have been set in motion to ensure the release of Former Ekiti State govenor, Ayodele Fayose, from the cutody of the Economic and Financial Crimes Commission (EFCC)
The Senior Advocate made this development known in an interview with NAN on Thursday.
Ozekhome said “Fayose’s lawyers are already taking steps to enforce his fundamental human rights by getting him released.
“Yes, his lawyers will go to court to enforce his fundamental human rights.
“The EFCC has no right to keep him for over 24 hours.
“If they have done that by obtaining a Magistrate Court’s Order that will be in the form of “holding charge” which has been declared unconstitutional and illegal by the Supreme Court.
“Holding charge is illegal. It is unconstitutional.’’
Ozekhome opposed the section of the Administration of Criminal Justice Act (ACJA) permitting a magistrate to detain a suspect for 14 days was illegal.
He explained that the ACJA allowed for detention of a suspect for 14 days, but that Section 35 of the Constitution made it clear that a person could only be detained for 24 hours.
“So, when there is a clash between the statute, like the ACJA, and the Constitution, the Constitution prevails by virtue of Section 1(3).
“If they have gotten an order for two weeks from the magistrate court, it is unconstitutional,” Ozekhome stressed.
Naija News recalls that the Fayose had reported to the office of the EFCC in Abuja as he had promised to in his letter to the commission.
His lawyer, Ozekhome and his other supporter had accompanied him to the commission’s office, on Tuesday, the very day he ended his tenure as the governor of his state.
The head of Public relation of the commission, Mr Wilson Uwujaren, when reached by NAN to speak on the condition of the former governor, said he had no update on the issue.