Femi Falana Calls For Emefiele’s Transfer To EFCC Custody

A senior advocate of Nigeria (SAN), Femi Falana has said that the Department of State Services (DSS) should transfer Godwin Emefiele to the Economic and Financial Crimes Commission (EFCC) for deeper investigation.

Emefiele, recently suspended by President Bola Tinubu, has been under the DSS’s radar for possible terrorism financing since 2022.

Despite earlier attempts to obtain an arrest warrant, a federal high court denied the application for lack of evidence.

Consequently, a court in the Federal Capital Territory issued an order protecting Emefiele from arrest by the DSS.

In a statement released Sunday, Falana advised the DSS against the risk of “bungling” the case due to legal technicalities.

The senior advocate pointed out that the DSS does not possess the authority to investigate and prosecute Emefiele for accusations of money laundering and other financial crimes.

He said, “Emefiele should, in turn, be handed over to an agency with the constitutional power to investigate such a case,” referring to the EFCC.

Falana said, “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,” Falana wrote.

“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 to investigate the allegations of money laundering and allied offences. Otherwise, the investigation of the case will be bungled by the SSS!”