According to human rights lawyer Falana (SAN), he has stated that the Department of State Services (DSS) does not possess the constitutional authority to investigate and prosecute the suspended Governor of the Central Bank of Nigeria, Emefiele.
Falana emphasized that Emefiele should be transferred to the custody of the Economic and Financial Crimes Commission (EFCC). According to Falana, the EFCC possesses the appropriate legal mandate to handle the prosecution of Emefiele.
“A few months ago, the State Security Service levelled grave allegations of terrorism financing, money laundering, and other economic crimes against Godwin Emefiele, the Governor of the Central Bank of Nigeria. At the material time, the attempt by the DSS to arrest, investigate, and prosecute Mr Emefiele was frustrated by Buhari administration”.
“However, following the suspension of Mr Emefiele as the Governor of the CBN by President Bola Tinubu, the DSS quizzed him in Lagos and flew him to Abuja on saturday”.
“According to media reports, the investigation of the suspect by the DSS has commenced. Even though the DSS initially denied the arrest, it has since turned round 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 DSS 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 Emefiele in terrorism financing the DSS 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 DSS: Falana said.
