DSS confiscates Emefiele’s passport, may amend charges against him
By Jeph Ajobaju, Chief Copy Editor
Godwin Emefiele’s passport has been confiscated by the Department of State Services (DSS) sequel to his suspension as Central Bank of Nigeria (CBN) last Friday by President Bola Tinubu to allow for house cleaning of the apex bank.
Emefiele was arrested the following day by the DSS on allegation of terrorism financing, and the secret police plan to search his home and office this week.
“Of course, Emefiele’s travel document would be confiscated as part of the standard process pending the conclusion of our investigation,” a source in the DSS said.
“Also, as part of the investigation, his house and office would be searched for documents that can aid the ongoing investigation on his management of the CBN.”
Other top officials of the CBN may also be invited or arrested for questioning over their roles in the administration of the apex bank, and plans are reportedly afoot by the DSS to revisit terrorism financing and fraud charges filed against Emefiele.
The DSS also accused him of mismanaging CBN subsidiary, the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending and the Anchor Borrowers Programme, according to reporting by The PUNCH.
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Falana faults DSS over Emefiele’s arrest
However, human rights lawyer Femi Falana, SAN has argued the DSS lacks the constitutional power to investigate and prosecute Emefiele.
Falana insisted the DSS should transfer Emefiele to the custody of the Economic and Financial Crimes Commission (EFCC) which has the legal right to prosecute him.
“A few months ago, the State Security Service [SSS] levelled grave allegations of terrorism financing, money laundering, and other economic crimes against Godwin Emefiele, the Governor of the Central Bank of Nigeria,” Falana recounted in a statement.
“At the material time, the attempt by the SSS to arrest, investigate, and prosecute Mr Emefiele was frustrated by the erstwhile [Muhammadu] 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 [Saturday].”
Falana warns SSS will bungle investigation
“According to media reports, the investigation of the suspect by the SSS has commenced. Even though the SSS initially denied the arrest, it has since turned round to admit that Mr Emefiele is in its custody,” Falana added, per The PUNCH.
“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 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.”