By Daniel Edu

Femi Falana, a prominent human rights lawyer and Senior Advocate of Nigeria (SAN), has called upon the Department of State Services (DSS) to transfer Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN), to the custody of the Economic and Financial Crimes Commission (EFCC) for a thorough investigation.

Emefiele was suspended by President Bola Tinubu on Friday, and shortly thereafter, he was picked up by the Department of State Services (DSS).

According to reports, the DSS is currently seeking an order to keep Emefiele in their custody for an extensive investigation.

In a statement released on Sunday, Falana provided guidance to the DSS to avoid any legal complications in the case.

He stated that the DSS does not possess the authority to investigate and prosecute Emefiele regarding allegations of money laundering and other economic crimes.

Falana further argued that Emefiele should be handed over to an agency with the constitutional power to conduct such investigations.

“A few months ago, the State Security Service (SSS) leveled serious 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 time, the SSS’s attempt to arrest, investigate, and prosecute Mr. Emefiele was hindered by the previous Buhari administration.”

“However, following President Bola Tinubu’s suspension of Mr. Emefiele as the Governor of the CBN, the SSS questioned him in Lagos and subsequently flew him to Abuja. According to media reports, the SSS has initiated an investigation into the suspect. Despite initially denying the arrest, the SSS has now admitted that Mr. Emefiele is in their 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 authority to investigate and prosecute the appellant for the breach of the provisions of the Code of Conduct Bureau and Tribunal Act. It was for this fundamental reason that Senator Saraki was acquitted by the apex court.”

“In accordance with the legal principle established by the Supreme Court in Saraki’s case, the SSS does not possess the power to investigate and prosecute Mr. Emefiele for allegations of money laundering and other economic crimes. Therefore, after completing the investigation into Mr. Emefiele’s alleged involvement in terrorism financing, the SSS should transfer him to the EFCC for the purpose of investigating the allegations of money laundering and related offenses. Otherwise, the investigation of the case will be mishandled by the SSS!” Falana emphasized.