Acting EFCC Chairman, Ibrahim Magu.   Photo: Facebook

The Attorney-General of Ekiti state, Kolapo Kolade, says the arrest of two Commissioners of the state by the Economic and Financial Crimes Commission (EFCC) is unconstitutional.

The Ekiti State Commissioner for Finance, Toyin Ojo, and the Accountant General of the State, Yemisi Owolabi, were on Thursday arrested by the operatives of the EFCC for alleged misapplication of resources accrued to the state government.

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But Kolade, on Tuesday, said their arrest was against a valid subsisting order issued in 2016 by a Federal High Court in a suit FHC/AD/CS/32/2016 in which the EFCC was a defendant.

He said the court had refrained the anti-graft agency from ”arresting, detaining or investigating any person or persons whether past or present officials in the Ekiti State Government without any report of indictment by the Ekiti State House of Assembly”.

Kolade said the order was sought due to the serial arrest and embarrassment of the state officials by the EFCC over issues that did not fall within its purview.

He stated the EFCC was duly served the court order on Nov. 7, 2016, adding that the order had not been vacated either by the court that issued it or a court of higher jurisdiction.