Mike Ozekhome (SAN) says endeavors are set up to secure freedom of Ayo Fayose, immediate past legislative leader of Ekiti state, from the guardianship of the Economic and
Financial Crimes Commission (EFCC).
The senior legal advisor stated, "The EFCC has no privilege to keep him for more than 24 hours. In the event that they have done that by getting a Magistrate Court's Order, that will be through "holding charge" which has been announced unlawful and illicit by the Supreme Court. Holding charge is illicit. It is unlawful.''
Ozekhome said section of the Administration of Criminal Justice Act (ACJA) permitting a magistrate to detain a suspect for 14 days was illegal.
He told NAN 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),” he said.
“If they have an an order for two weeks from the magistrate court, it is unconstitutional.”