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Only EFCC can investigate Emefiele, not DSS, Falana warns
Only EFCC can investigate Emefiele, not DSS, Falana warns
Frontline lawyer, Femi Falana (SAN), has advised the Department of State Services (DSS) to transfer Godwin Emefiele to the custody of the Economic and Financial Crimes Commission (EFCC) for further investigation.
He says the DSS does not have the legal authority to investigate the suspended CBN governor.
On Friday, President Bola Tinubu suspended Emefiele and asked him to transfer his responsibilities to Folashodun Adebisi Shonubi, deputy governor, operations directorate.
On Saturday, the Department of State Services (DSS) announced that Emefiele was in its custody for “some investigative reasons”.
Emefiele has been on the radar of the DSS since 2022 over alleged terrorism financing.
The security agency had sought an arrest warrant from a federal high court — but the application was declined on the grounds that there was no evidence to back the claim.
A Federal Capital Territory (FCT) high court later issued an order restraining the DSS from arresting Emefiele.
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In a statement on Sunday, Falana advised DSS on how not to “bungle” the case on legal technicalities.
The human rights lawyer said the DSS “lacks the power to investigate and prosecute Emefiele in respect of allegations of money laundering and other economic crimes”.
He added that Emefiele should, in turn, be handed over to an agency with the constitutional power to investigate such a case.
“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 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!”
Only EFCC can investigate Emefiele, not DSS, Falana warns
metro
BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year
BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year
The federal government has unveiled a proposed budget of N47.9 trillion for the 2025 fiscal year.
Atiku Bagudu, Minister of Budget and Economic Planning, disclosed this to journalists on Thursday following the Federal Executive Council (FEC) meeting chaired by President Bola Tinubu.
Bagudu revealed that the council had approved the Medium-Term Expenditure Framework (MTEF) for 2025-2027.
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According to the minister, the government has pegged the crude oil benchmark at $75 per barrel, with an oil production target of 2.06 million barrels per day (bpd).
The budget also sets the exchange rate at N1,400 per dollar and aims for a gross domestic product (GDP) growth rate of 6.4%.
BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year
metro
EFCC arrests ex-NCMB boss over $35m energy project fraud
EFCC arrests ex-NCMB boss over $35m energy project fraud
The Economic and Financial Crimes Commission (EFCC) told FIJ that they have arrested Timber Wabote, the former executive secretary of the Nigerian Content Development and Monitoring Board (NCMB), on the grounds of a failed $35 million Bayelsa refinery project fraud.
Dele Oyewale, the EFCC’s spokesperson, confirmed this to FIJ on Thursday.
“It is true,” Oyewale responded to FIJ’s inquiries.
Wabote is accused of misappropriating public funds for a refinery project that should have improved local energy production.
Vanguard reported that the NCDMB under Wabote paid $35 million to support the development of energy infrastructure in the Brass Local Government Area of Bayelsa, yet there was nothing to show for it.
The EFCC picked Wabote up following the arrest of Akintoye Adeoye Akindele, the Managing Director of Atlantic International Refinery and Petrochemical Limited, for alleged misappropriation, money laundering and diversion of $35 million in public funds.
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“NCDMB under the watch of Wabote allegedly paid the $35 million to Akindele to build a 2,000 barrel per day (BPD), refinery, jetty, gas plant, power plant, data centre and tank farm at Brass free trade zone (FTZ), Okpoama Community in Brass LGA of Bayelsa State,” a source with the EFCC had explained.
Since December 2020 when the payments were made, Akindele abandoned the project with little or nothing to show for the huge sum he received.
Preliminary investigations showed that Wabote’s NCDMB financed 17 different projects, including the 2,000 BPD refinery in Brass LGA.
There has been a series of public fund misappropriation cases in the energy sector in recent times.
FIJ earlier reported that members of the House of Representatives summoned three ministers to defend how over $2 billion was spent on renewable energy with not much to show for it.
A recent FIJ report also recently detailed how residents of Yenagoa, the capital of Bayelsa, have not had power in their homes since July due to the vandalisation of the Ahoada-Yenagoa transmission towers caused by unidentified persons.
The Bayelsa state government told FIJ it was the federal government’s responsibility to provide electricity for residents. The state has no renewable energy options reliable enough to power its capital despite the multi-million-dollar NCMB energy project.
Transparency in the energy sector has become necessary at a time when Nigerians have suffered power instability due to frequent grid collapses.
EFCC arrests ex-NCMB boss over $35m energy project fraud
metro
Court adjourns Yahaya Bello’s trial till Nov 27
Court adjourns Yahaya Bello’s trial till Nov 27
The Economic and Financial Crimes Commission (EFCC) has requested an adjournment in the new case against the immediate past Governor of Kogi State, Yahaya Bello, stating that the 30-day window for the previously issued summons is still active.
The commission has granted administrative bail to his co-defendants, Umar Oricha and Abdulsalami Hudu, and asked the court for an extension of time for Bello to appear.
At the resumed hearing before Justice Maryann Anenih of the Federal Capital Territory High Court, Abuja, EFCC Counsel Jamiu Agoro noted that the court’s order from October 3rd had not yet expired.
“In that wise, we feel it will not be appropriate for us to take proceedings while that 30 days is still running. So we have discussed and agreed to come back on the 27th day of November, 2024, my lord,” he told the court.
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He also mentioned that the previously set date of November 20th was not convenient for the prosecution counsels.
Counsel to the second defendant, Aliyu Saiki, SAN, confirmed that his client had been granted administrative bail by the prosecution and had no objection to the adjournment request. The third defendant’s counsel, ZE Abass, concurred.
The prosecution counsel also requested the court to allow the notice of hearing to be pasted on the last known address of the first defendant.
After hearing from all counsels, the judge granted the EFCC’s application for adjournment and the issuance of the hearing notice.
“I have considered the application for adjournment by the complainant and issuance of hearing notice and the submission by the second and third defendants. The application is granted,” she said.
Justice Anenih then adjourned the case to November 27th for arraignment.
The former governor, alongside Umar Oricha and Abdulsalami Hudu, are being prosecuted as 1st to 3rd defendants, respectively, in a fresh 16-count charge instituted against them by the EFCC.
Court adjourns Yahaya Bello’s trial till Nov 27
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