Falana: DSS Can Only Investigate, Prosecute Emefiele on Terrorism, Not Money Laundering

Foremost human rights lawyer, Femi Falana, SAN, on Sunday, declared that the Department of State Services (DSS) lacked power to investigate and prosecute the suspended Governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, for alleged money laundering.

Falana said such prosecutorial powers belong to the Economic and Financial Crimes Commission (EFCC), and urged DSS to investigate Emefiele only on the allegations bordering on terrorism.

Falana pointed out that DSS, which had accused Emefiele of funding terrorism, should concentrate its investigation in that regard and, subsequently, hand over the investigation to EFCC.

In a statement issued on Sunday, Falana stated that DSS would bungle the investigation if it stayed on money laundering investigation, which was outside its purview.

The statement 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.

“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 on Sunday. 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 round to admit that Mr. Emefiele is in its custody.”

Falana recalled, “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.”

The senior lawyer maintained that in line with the principle of law enunciated by the apex court in Saraki’s case, SSS lacked power to investigate and prosecute 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!” Falana stated.