Senior Advocate of Nigeria (SAN) and leading human rights attorney Femi Falana has requested that the Department of State Services (DSS) hand over suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele to the Economic and Financial Crimes Commission (EFCC) for a thorough investigation.
In a statement on Sunday, Falana gave DSS advice on how to handle the issue without tripping over legal nuances.
He asserted that the DSS lacked the authority to look into and bring charges against Emefiele for alleged money laundering and other economic crimes.
He added that Emefiele should therefore be transferred over to an institution with the legal authority to look into such a matter.
He said “A few months ago, the State Security Service (SSS) levelled grave allegations of terrorism financing, money laundering, and other economic crimes against Mr Godwin Emefiele, the Governor of the Central Bank of Nigeria (CBN).
“At the material time, the attempt by the SSS to arrest, investigate, and prosecute Mr Emefiele was frustrated by the erstwhile Buhari administration.”
“However, following the suspension of Mr Emefiele as the Governor of the CBN by President Bola Tinubu, the SSS quizzed him in Lagos and flew him to Abuja yesterday. ”
“According to media reports, the investigation of the suspect by the SSS has commenced. Even though the SSS, which initially denied the arrest, has since turned around to admit that Mr Emefiele is in its custody.
Citing Sen. Saraki’s case, Falana argued that the SSS lacks the authority to investigate and prosecute Emefiele.
Falana said “In the case of Dr Bukola Saraki v. Federal Republic of Nigeria (2018) 16 NWLR (pt. 1646) 433-434, the supreme court ruled that the Economic and Financial Crimes Commission lacks the vires to investigate and prosecute the appellant for the breach of the provisions of the Code of Conduct Bureau and Tribunal Act. It was for that principal reason that Senator Saraki was freed by the apex court.
“In line with the principle of law enunciated by the apex court in Saraki’s case, the SSS lacks the power to investigate and prosecute Mr Emefiele in respect of allegations of money laundering and other economic crimes.
“Therefore, after investigating the alleged involvement of Mr Emefiele in terrorism financing, the SSS should transfer him to the EFCC for the purpose of investigating the allegations of money laundering and allied offences. Otherwise, the investigation of the case will be bungled by the SSS!” Falana added.
Emefiele afterward as CBN governor by Tinubu on Friday, and the Department of State Services (DSS) arrest him afterwards.
