Why Aisha Buhari can’t sue me now — Fayose

Ekiti State Governor, Ayodele Fayose, has advised Aisha, President Muhammadu Buhari’s wife to drop the threat to sue him for defamation of character, saying by virtue of Section 308 of the constitution, he remained immune from legal attacks until the end of his tenure.

The counsel to the president’s wife, Mary Ekpere & Co had written a letter dated June 22, 2016, to Governor Fayose, demanding retraction of the governor’s statement that the President’s wife was involved in the Halliburton scandal, and threatening legal action if the retraction was not made within five days.

However, in a response dated July 8, 2016, Governor Fayose said through his counsel, Mike Ozekhome, that he could only be sued after October, 16, 2018, when his governorship tenure expires.

“Your attention is also hereby drawn to Section 308 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, on the immunity enjoyed by our client from civil or criminal proceedings for the period that he occupies the office of the governor of Ekiti State,” the letter said.

“You may therefore advise your client to wait until after 16th October, 2018, when our client’s tenure expires. When that happens, we shall join issues with your client in a competent court of law, in the event that your client does not have a change of heart.”

In the letter, Mr. Ozekhome insisted the statement made by the governor regarding the involvement of Mrs Aisha Buhari in the Halliburton scandal was “correct and justified in law, having regards to a court judgment convicting one Mr William Jefferson for bribery in the Halliburton case.”

Premium Times repeatedly explained that no Aisha Buhari was named in the Halliburton bribery scandal and that Mr. Fayose was merely confusing the Williams Jefferson bribery case with the Halliburton bribery scandal.

Former top officials of the Economic and Financial Crimes Commission familiar with the Williams Jefferson bribery case have also said the Aisha Buhari mentioned in the matter was different from the one referred to in the case.
However, Mr. Ozekhome said “the statement by Governor Fayose was correct and justified, having been factually premised on an existing court judgment.”

“Our client states and reaffirms categorically that the statement he made as regards the involvement of Mrs Aisha Buhari, the wife of President Buhari, in the Halliburton scandal, is correct and justified in law; having regards to a court judgement convicting one Mr William Jefferson for bribery in the Halliburton case.

“Therein, the name of the President’s wife featured conspicuously. At page 22 of the said judgment delivered by the United State District Court, Eastern District of Virginia, Alexandria Division, USA, in criminal No 1: 07CR209, the said Mr William Jefferson was sentenced at 9.00 am on November 13, 2009, by Mark D, Lytle. Your client, Mrs Aisha Buhari was specifically mentioned in the judgment. The judge referred to Exhibits 36-87 in the following words, for clarification;

“See also Government Exhibits 36-87 (6/26/02 $170,000 wire transfer from account in Nigeria in the name of Aisha Buhari to an account in the name of The ANJ Group, LLC, identifying “William Jefferson” as Beneficiary)… Given the age of the defendant, the severity of the sentence calculated by the Probation Office, the defendant’s frequent
travel overseas and unexplained wire transfers from overseas locations to financial accounts used by the defendant, the defendant cannot rebut the presumption at sentencing that he is a risk of flight.

“The said Williams Jefferson is currently serving a jail term in the USA and to the best of our client’s knowledge; this judgement has not been challenged, or set aside by any Appellate court of law anywhere in the world.

“The statement of His Excellency, our client, is therefore correct and justified, same having been factually premised on an existing court judgement above referred to.

“Your attention is also hereby drawn to Section 308 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, on the immunity enjoyed by our client from civil or criminal proceedings for the period that he occupies the office of the governor of Ekiti State.

“You may therefore advise your client to wait until after 16th October, 2018, when our client’s tenure expires. When that happens, we shall join issues with your client in a competent court of law, in the event that your client does not have a change of heart.”