Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called upon 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 thorough investigation.
Following President Bola Tinubu’s suspension of Emefiele on Friday, the DSS promptly apprehended him. Reports suggest that the secret police are currently seeking an order to retain Emefiele in their custody for an extensive inquiry.
In a statement issued on Sunday, Falana offered guidance to the DSS to avoid jeopardizing the case due to legal technicalities. He asserted that the DSS lacks the authority to investigate and prosecute Emefiele regarding allegations of money laundering and other economic crimes. Instead, Falana recommended transferring Emefiele to an agency with the constitutional mandate to conduct such investigations.
“A few months ago, the State Security Service (SSS) leveled 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 time, the SSS’s attempt to arrest, investigate, and prosecute Mr. Emefiele was hindered by the previous Buhari administration,” Falana stated.
He continued, “However, following President Bola Tinubu’s suspension of Mr. Emefiele as the Governor of the CBN, the SSS interrogated him in Lagos and subsequently flew him to Abuja. Media reports indicate that the investigation of the suspect by the SSS has commenced, despite the initial denial of the arrest, which the SSS has now admitted.”
Referring to a previous legal precedent involving Dr. Bukola Saraki, Falana emphasized that the Economic and Financial Crimes Commission lacked the authority to investigate and prosecute Saraki for violating the provisions of the Code of Conduct Bureau and Tribunal Act. This ruling led to Saraki’s release by the Supreme Court.
Based on the legal principle established in Saraki’s case, Falana argued that the SSS lacks the jurisdiction to investigate and prosecute Emefiele regarding allegations of money laundering and other economic crimes. Consequently, after completing their investigation into Emefiele’s alleged involvement in terrorism financing, Falana suggested that the SSS should transfer him to the EFCC for the purpose of investigating the money laundering allegations and related offenses. Failure to do so, Falana warned, could result in the mishandling of the case by the SSS.
