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Akinwande Soji-Ojo
The Oyo State House of Assembly has faulted the invitation by the Economic and Financial Crimes Commission (EFCC) to its members over a purported ongoing investigation.
The Clerk, Oyo State House of Assembly, Mrs Yetunde Oludara Awe, in a letter queried the propriety of EFCC’s invitation to the Assembly members in the face of a pending suit challenging the commission’s power to probe state legislature’s finances.
In the letter dated October 11, 2022, and addressed to the EFCC Chairman, Abdulrasheed Bawa, Mrs Awe warned the commission against disrespecting the court and taking law into its hands.
She said no member of the Assembly would honour any invitation from the anti-graft agency until the pending case is determined.
Oyo State House of Assembly had earlier sued the EFCC over the anti-graft agency’s planned probe of its finances.
The Assembly, in a suit filed through its lawyer, Musibau Adetunbi (SAN), is contending among others that by the provision of Section 125 of the Constitution, the EFCC is forbidden from looking into the financial books of the state assembly.
It argued that such power only resides with the Auditor General of the state by virtue of Section 125 of the Constitution.
Mrs Awe noted in her letter that despite the pendency of the suit, and rather than defer to the court, officials of the commission were still writing and inviting members, including the Speaker, Rt. Hon. Adebo Ogundoyin.
“Kindly recall that there is pending litigation at the Federal High Court between your office and the Oyo State House of Assembly & three others.
“Please take note that this matter is for and on behalf of the thirty-two members of the House of Assembly Oyo State.
“It is equally on record sir, that there is an undertaking by your counsel that the authority of the court shall be respected during the pendency of this suit.
“As you are aware, we have a counsel on record representing us in the said suit and this is why it was shocking that any correspondence at all will be directed to us.
“We expected that all communications be directed to our counsel since you are aware of the pendency of the case and you are aware of our counsel.
“We, therefore, implore you to please desist from addressing any correspondence surrounding this suit to us any further during the pendency of this suit.
“All further correspondences should be directed to our counsel.
“Kindly be informed that in view of the fact that the power of the Economic and Financial Crimes Commission to invite the Honourable Members is being challenged in a competent court of law, the Honourable Members will not be able to honour your invitation.
“We humbly appeal to you, as an organisation subject to the law of the land, to kindly continue to respect the authority of the court pending the determination of this suit.
“After all, neither the House of Assembly nor the Economic and Financial Crimes Commission is above the law.
“Let each and every one of us subject ourselves to the doctrine of the Rule of Law,” the statement read in part.