By Micheal Okoro, News/Comments, June 12, 2023

LAGOS-Fiery  human rights Activist, and Senior Advocate of Nigeria (SAN), Femi Falana, has said that the Department of State Services (DSS) does not have the constitutional backing to investigate the Nigerian suspended Central Bank  Governor, Mr. Godwin Emefiele, therefore should  transfer the former into  the Economic and Financial Crimes Commission (EFCC)’s custody for further investigation.

Femi Falana, SAN

It could be recall that President Bola Tinubu, on  Friday last week sacked  Emefiele and directed  him to hand over his duties to the deputy governor, operations directorate of the apex bank, Folashodun Adebisi Shonubi.

Not quite long, the news of Emefiele’s arrest by DSS Secret surfaced, even when it was initially denied, as it announced, that the suspended CBN Governor was in its custody for “some investigative reasons.”

In time past, the Secret Police had put Emefiele on a beaming light since 2022, alleging him to be financing terrorism, and even approached a federal high court to obtain warrant arrest but was turned down for lack of evidence, as a  federal capital territory (FCT) high court later issued an order, restraining the DSS from arresting Emefiele then.

Meanwhile, Falana had insisted on Sunday  that  the DSS should  not  mishandle Emefiele’s case on  the ground of legal technicalities, as the agency lacks such power to investigate and prosecute the suspended CBN governor in respect of allegations of money laundering and other economic crimes”.

He wrote “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,” Falana wrote.

“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!”

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