Human rights lawyer, Mr. Femi Falana said the Department of State Services does not have the constitutional power to investigate and prosecute the suspended governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele.
Recall that Emefiele was, last Friday June 9, suspended from office and directed to “immediately hand over the affairs of his office to the deputy governor (operations directorate) (Folashodun Adebisi Shonubi), who will act as the Central Bank Governor pending the conclusion of the investigation and the reforms.”
On Saturday, June 10, he was taken into custody by the DSS.
“The Department of State Services (DSS) hereby confirms that Mr. Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), is now in its custody for some investigative reasons,” the spokesman for EFCC, Mr. Peter Afunanya, said in a release.
Speaking on the matter, Falana said in a statement that the former CBN governor should be transferred to the custody of the Economic and Financial Crimes Commission, which, according to him, has the legal right to prosecute Emefiele.
The statement reads: “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.
“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!”
The former president, Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, also spoke in the same vein saying Emefiele’s suspension was logical but described as “shocking” the arrest and detention of the erstwhile CBN governor by the DSS.
Agbakoba, in a short statement spokesman, Mr. Niyi Odunmorayo, said: “The suspension of the CBN governor from office is not a surprise as his tenure was way beyond monetary policy. But confirmation by the DSS that Emefiele is in its custody comes as a shock.
“The statutory role of DSS is internal security and I shudder to think what role DSS will play in this matter. The rule of law says it all – can the relevant agency responsible for Governor Emefiele step forward but this excludes the DSS unless this has security implications.”
