THE Economic and Financial Crimes Commission (EFCC) did not commit any illegality by detaining suspects arrested in connection with the $6 billion arms scandal, Lagos lawyer Femi Falana (SAN) said yesterday.
Falana, in a statement titled: “$6 billion arms gate: Suspects’ rights not violated”, yesterday, contended that the detention of the suspects was in strict compliance with the rule of law.
He was reacting to criticisms against the EFCC and the Federal Government that the detention of the suspects was an act of illegality.
The lawyer drew the attention of the critics to Sections 293-299 of the Administration of Criminal Justice Act, 2015 (ACJA), which stipulates 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’s Court for remand.
He added: “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’s Court lacks the power to grant the application filed by the EFCC for the detention of the criminal suspects.”
The senior lawyer described the criticism of the ex parte orders issued by the courts for the detaining of the suspects in the case for the purpose of investigation as “a desperate move designed to divert the attention of the people and the international community from the grave allegations of reckless and criminal diversion of public funds earmarked for arms procurement to prosecute the war on terror”.
He noted that a senior lawyer had said that “a Magistrate’s Court has no power to issue a holding charge warrant”.
Falana urged the President Muhammadu Buhari administration to ignore the “reckless campaign of calumny of certain people who have lost their sense of shame”, adding that as far as they were concerned, the suspects should be left alone to enjoy their loot while soldiers “are losing their precious lives due to lack of adequate weapons”.
He counselled the Federal Government to ensure that individuals and corporate bodies indicted in the criminal diversion of public funds are made to face the 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.
“The Federal Government should open a dedicated account to warehouse the recovered loot with a view to using the fund to provide equipment for the armed forces, create jobs for our army of unemployed graduates and fix our dilapidated public schools, hospital and roads.
“However, it is pertinent to correct the error in respect of the extent of the amount of money involved in the arms gate. The well publicised $2.1 billion is the foreign component of the loot. The actual amount stolen is $2.1 billion and N643 billion. The total missing fund is $6 billion.
“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 massacre 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,” he added.