• Says DSS lacks power to prosecute suspended CBN boss on money laundering, others
Legal luminary and human rights activist, Mr Femi Falana (SAN) has advised President Bola Tinubu to direct the Department of State Services (DSS) to transfer the case of the suspended Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, to the the Economic and Financial Crimes Commission (EFCC) for a comprehensive probe.
Tinubu had suspended Emefiele on Friday while the DSS later confirmed that the embattled CBN boss is in its custody after its initial denial.
But the DSS is said to be shopping for an order to keep Emefeile in its custody for full investigation.
Faulting DSS’ action over Emefiele, Falana advised the President to give direction to the DSS, asking it to transfer the matter to EFCC without further delay.
The Senior Advocate also stated that the DSS must ensure that Emefiele’s case is handled with seriousness it deserves and not bungle on legal technicalities.
Falana stated this in a statement made available to TheIdeal News on Sunday.
According to Falana, 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 be handed over to an agency with the constitutional power to investigate such a case to avoid national embarrassment.
Falana said, “A few months ago, the DSS 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 DSS 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 DSS quizzed him in Lagos and flew him to Abuja yesterday.
“According to media reports, the investigation of the suspect by the DSS has commenced. Even though the DSS , which initially denied the arrest, has since turned around to admit that Mr Emefiele is in its custody.”
Falana further cited the decided case on former Senate President, Bukola Saraki, to buttress his argument that the DSS lacks the power to prosecute Emefiele.
Falana said, “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 Mr 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!”
