A few days ago, the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, was taken into custody by Nigeria’s secret police, the State Security Service (SSS).
This happened after President Bola Tinubu, suspended him from office.
Now, the security agency is investigating him for financial misconduct.
However, there is a twist to the whole thing. Lawyers are identifying a few things every Nigerians should know.
It is about the law guiding and guarding the position of the Central Bank Governor.
What does it really say? Are there some form of immunity shielding the Governor of Nigeria’s apex bank from all works of the SSS?
Basically, a human rights attorney, who understands the law, Femi Falana, is sharing insight into this issue.
Also, he is a Senior Advocate of Nigeria.
According Mr Falana, the Department of State Services (DSS) lacks the legal authority to do what an aide of the President, Bayo Onanuga, says it is doing at the moment.
Basically, the agency is allegedly looking into and raising charges against the suspended Governor of the Central Bank.
In a message to our correspondent on Sunday, Falana argued that Emefiele should be handed over to the Economic and Financial Crimes Commission.
He insists that only the anti-graft agency has the authority to bring charges against Emefiele.
Falana Statement On DSS Investigation
“A few months ago, the State Security Service levelled grave allegations of terrorism financing, money laundering, and other economic crimes against Godwin Emefiele, the Governor of the Central Bank of Nigeria.
“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 (Saturday).”
Furthermore, the human rights attorney, highlights where the power of the SSS stops.
“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.
Please, Read: Just In: President Tinubu Suspends CBN Governor Emefiele
“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.
Transfer Case
“It was for that principal reason that Senator Saraki was freed by the apex court.”
Most lay people will not understand the import of that judgement.
Mr Falano explains: “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,” Falana stated.
Now, what we know is that Emefiele’s withdrawal of currency from circulation has some issues with it.
There were claims that the polity was established to make it difficult for some politicians to buy votes.
It is not clear yet if there is a relationship with those insinuations and what is happening now.
