The governor had written the anti-graft agency, informing it of his plan to present himself a day after he hands power over to his successor.
In reply to his letter, the commission asked Fayose to make himself available on September 20.
The EFCC also wrote the Nigeria Customs Service (NCS) to place the outgoing governor on its watch list, saying he is likely to flee the country in a bid to evade investigation.
However, Fayose, in another later to the EFCC dated September 14, said it would amount to a breach of section 308 of the 1999 constitution if he, as a sitting governor who enjoys immunity, appears before the commission before his hand over.
He also said placing him on NCS’s watch list “betrays your commission’s unprovoked personal hatred and malice against my person.”.
“As a responsible citizen of the Federal Republic of Nigeria who currently enjoys immunity under Section 308 of the Constitution, it would amount to a breach of the Constitution which I swore to uphold if I appear in your office on any date earlier than 16th October 2018,” the letter read.
“If done otherwise, it will set a wrong precedent for the constitutional institution that I represent.
“Your Commission by its actions, no doubt has presumed my ‘guilt’ even prior to the commencement of “investigation”. This raises serious question about the impartiality, independence or neutrality of the Commission in the matter.
“I feel harassed, intimidated and embarrassed by the imputation of crime and the innuendos of criminality underlining your correspondence which has been maliciously circulated widely. This in all implies a case of persecution rather than prosecution.
“While I have handed a copy of your letter to my Solicitors for a careful study and advice, let me state here for the records, that there is nothing about me or my antecedents, as a long standing public figure to justify the Commission’s action. I have never been a coward or criminal.”
Fayose added that if the EFCC could not wait for him to hand over power, the commission could meet him in his office on September 20 or wait till he makes himself available as he had earlier promised.
“Notwithstanding the demonstrated hate and prejudice, I reaffirm my willingness to make myself available to answer questions within my knowledge on the day you may indicate after expiration of my term of office on the 15th October 2018,” he said.
“If for any good reasons, your investigation cannot await the date suggested in my earlier letter, without prejudice to Section 308 of the Constitution, I will be willing to answer questions from your team of investigators should they be willing to meet me in my office in Ado Ekiti on the 20th September 2018 indicated in yours.
“Save as above, I will appreciate any date convenient to you after 15th October 2018, otherwise, expect me on the 16th October 2018 at 1pm as earlier stated.”