Human rights lawyer, Mike Ozekhome (SAN), said efforts had begun to secure release of former Governor of Ekiti State, Ayodele Fayose, from Economic and Financial Crimes Commission (EFCC) custody.
Mr Ozekhome said this in an interview with the News Agency of Nigeria (NAN) in Abuja on Thursday.
Mr Fayose, whose tenure as governor ended on Monday, had on Tuesday reported at EFCC office in Abuja to answer to some allegations levelled against while in office as governor.
Mr Ozekhome said “Fayose’s lawyers are already taking steps to enforce his fundamental human rights by getting him released.
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“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.’’
Mr Ozekhome said the section of the Administration of Criminal Justice Act (ACJA) permitting a magistrate to detain a suspect for 14 days was illegal.
According to him, any action outside the provisions of Section 35 of the Constitution which specifically provides for 24 hours, is illegal and unconstitutional.
