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Foremost Human Rights Lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has asked the Department of State Services (DSS) to transfer the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to the custody of the Economic and Financial Crimes Commission (EFCC) for a comprehensive probe.
President Bola Tinubu had suspended Emefiele on Friday and shortly after, the Department of State Services (DSS) picked him up.
The secret police is currently shopping for an order to keep Emefeile in its custody for full investigation, according to reports.
In a statement on Sunday, Falana advised DSS on how not to bungle the case on legal technicalities.
He said DSS lacks the power to investigate and prosecute Emefiele in respect of allegations of money laundering and other economic crimes.
He added that Emefiele should, in turn, be handed over to an agency with the constitutional power to investigate such a case.
“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.
“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 said.
