The federal government has not acted against the law by
detaining beyond 48 hours persons indicted of
mismanaging security funds.
A Senior Advocate of Nigerian, Mr Femi Falana, has
reportedly defended the Federal Government over the
ongoing probe into the arms procurement involving the
former National Security Adviser (NSA), Sambo Dasuki.
Premium Times reports that the senior lawyer on Sunday,
December 6, said the FG has not acted against the law
by detaining beyond 48 hours the people involved in the
misappropriation of the country’s security funds.
Falana who made this known in a statement was quoted
to have noted that the federal government had so far
handled the investigation within the ambit of the law.
Opposing the allegation raised by some legal practitioners
and the Peoples Democratic Party (PDP) that the FG is
acting with impunity by detaining some suspects beyond
48 hours, he insisted that the fundamental human rights
of the suspects have not been violated in any way.
Recall that the immediate past NSA under president
Goodluck Jonathan, Sambo Dasuki; Sokoto state former
governor, Attahiru Bafarawa; Raymond Dokpesi, the
founder of DAAR Communications PLC as well as a
former chairman of the defunct Presidential
Implementation Committee on Marine Safety (PICOMMS),
Salihu Atawodi have been grilled for their involvement in
the misuse of billions of funds earmarked for the
procurement of arms to combat the security challenges
facing the country.
The aforementioned accused persons have been detained
for more than 48 hours by the Economic and Financial
Crime Commission (EFCC) as against the law of the land.
According to the legal practitioner, the complaints of the
accused persons that their rights have been trampled
upon are simply excuse to divert the attention of
Nigerians from “the grave allegations” of recklessly
diverting public funds meant for arms procurement.
“The suspects’ arrest and continued detention was in line
with section 293 – 299 of the Administration of Criminal
Justice Act, 2015 (ACJA).
“The attention of the ‘critics’ ought to be drawn to sections
293-299 of the Administration of Criminal Justice Act, 2015
(ACJA) which stipulate that a suspect arrested for an
offence which a magistrate has no jurisdiction to try, shall
within a reasonable time, be brought before a magistrate
court for remand.
“The order which shall be for a period not exceeding 14
days may be further extended provided that if the
investigation is not concluded within 28 days the court may
summon the appropriate authority to show cause why the
suspect should not be unconditionally released.
“Suspects who are remanded in custody are at liberty to ask
for bail or apply to the appropriate high court to secure the
enforcement of their fundamental right to personal liberty.
“In view of the clear and unambiguous provisions of the law
it is misleading to insist that a magistrate court lacks the
power to grant the application filed by the EFCC for the
detention of the criminal suspects,” Mr. Falana said.
The legal luminary used the opportunity to call on the FG
not to yield to pressure of those that have lost their
shame hence would want the accused to go scold free.
“As corruption is already mobilizing to fight back, the Buhari
administration should ignore the reckless campaign of
calumny of certain people who have lost their sense of
shame. As far as they are concerned the suspects should
be left alone to enjoy their loot while soldiers are losing
their precious lives due to lack of adequate weapons.
“The federal government should ensure that all individuals
and corporate bodies indicted in the criminal diversion of
public funds are made to face the full wrath of the law.
“The anti-graft agencies should disregard the cheap
blackmail, speed up the investigation and charge all indicted
suspects to court while the courts are enjoined to conduct
the trial of the suspects under the ACJA which requires that
the trials be conducted day by day,” he said.
Mr. Falana advised the government to open an account
where the recovered money from the suspects would be
deposited and used to purchase arms for the military as
well as crate jobs for the unemployed youths. He said
the loot can also be used to build and resuscitate
dilapidated public infrastructure.
He said the fund allegedly misused was not $2.1 billion
as widely reported by various medium. He said it was
$2.1 billion plus N643 billion, which bring the total fund to
$6 billion.
“The actual amount stolen is $2.1 billion and N643 billion.
The total missing fund is $6 billion,” the lawyer said.
The SAN who was the counsel representing some soldiers
that were sentenced to death for refusing to fight
terrorists following inadequate equipment stated that it is
high time the FG release the condemned soldiers
considering how the funds meant for arms purchase were
spent.
“In the light of the earth-shaking and ear-aching revelations
oozing out of the EFCC to the effect that a handful of
individuals cornered and shared the huge fund earmarked
for the procurement of military hardware to prosecute the
war on terror, all the convicted military officers and soldiers
who have been convicted including the 70 who were
sentenced to death should be released forthwith.
“As I have repeatedly maintained the soldiers were
committed and sentenced to death for asking for weapons
to fight the terrorists. They were ordered to fight with
unserviceable equipment on the ground that there was no
money to purchase new weapons. In the process, the well-
equipped insurgents routed and massacred thousands of the
country’s ill-equipped soldiers due to the diversion of the
fund set aside to purchase equipment.
“The suspects must bear full responsibility for committing
such grave crimes against humanity.
“Consequently, pursuant to the Freedom of Information Act,
2011 we have applied for a certified true copy of the report
of the arms procurement panel with a view to ensuring that
some of the suspects are prosecuted by the Special
Prosecutor of the International Criminal Court for crimes
against humanity,” Falana said.
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