Why EFCC must investigate Emefiele now – Falana

Renowned Nigerian human rights lawyer, Femi Falana (SAN), has expressed his opinion that the Department of State Services (DSS) does not possess the constitutional authority to investigate and prosecute the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Falana, in a message on Sunday, asserted that Emefiele should be transferred to the custody of the Economic and Financial Crimes Commission (EFCC), which he believes has the legal mandate to prosecute the suspended governor.

“A few months ago, the State Security Service leveled grave allegations of terrorism financing, money laundering, and other economic crimes against Godwin Emefiele, the Governor of the Central Bank of Nigeria. At that time, the SSS’s attempt to arrest, investigate, and prosecute Mr. Emefiele was thwarted by the former Buhari administration,” Falana stated.

He continued, “However, following President Bola Tinubu’s suspension of Mr. Emefiele as the CBN Governor, the SSS interrogated him in Lagos and transported him to Abuja yesterday (Saturday).”

Citing a Supreme Court ruling in the case of Dr. Bukola Saraki v. Federal Republic of Nigeria, Falana highlighted that the EFCC lacks the authority to investigate and prosecute individuals for breaching the provisions of the Code of Conduct Bureau and Tribunal Act. It was on this basis that Senator Saraki was acquitted by the apex court.

According to Falana, the SSS similarly lacks the power to investigate and prosecute Emefiele for allegations of money laundering and other economic crimes. He argued that in line with the legal principle established in Saraki’s case, once the SSS completes its investigation into Emefiele’s alleged involvement in terrorism financing, they should transfer him to the EFCC for further investigation into the allegations of money laundering and related offenses. Otherwise, Falana warned that the case could be mishandled by the SSS.