Widely-known senior lawyer Femi Falana has warned the Department of State Security (SSS) that only the police and the anti-graft agencies have the legal authority to investigate the budget padding crisis now rocking the House of Representatives.
In a statement today, he recalled that the Police Force was last week reported to have commenced investigations into the allegations, while some civil society organizations also requested the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Offenses Commission to wade into the matter.
He said the SSS was then alleged to have usurped the statutory duties of the Police and the anti-graft agencies by taking over the investigation of the padding of the budget, as a result of which it was reported to have sealed off the office of the Chairman of the Appropriation Committee of the House.
“Having regard to the recent activities of the SSS and the clear provisions of the relevant laws on the investigation of corruption and other economic and financial crimes the SSS lacks the moral right and legal powers to interfere in the investigation of the criminal allegation of padding of the budget in any manner whatsoever,” he stated.
Mr. Falana pointed out that under the National Security Agencies Act, the powers of the SSS are strictly limited to the "preservation and detection within Nigeria of any crime against the internal security of Nigeria."
“Since the padding of the national budget is a straight forward case of economic crime which is not concerned with the internal security of the nation, the SSS should not play into the soiled hands of the criminal suspects in the House of Representatives as they may later turn around to challenge the legal validity of any criminal charge arising from a faulty investigation report,” he said. “The SSS should be called to order as the nation cannot afford to bungle the investigation of the highly placed politically exposed persons involved in the padding of the budget.”
To that end, he said the Police and the anti-graft agencies should be allowed to get to the root of the ongoing scandal in the National Assembly, and that the President of the Senate and the Speaker of the House be compelled to set out the details of the budget of the National Assembly so as to facilitate and accelerate the investigation.
“However, it ought to be pointed out that the investigation would not be complete if it is not extended to cover the criminal allegation of diversion of over N300 billion via constituency projects purportedly executed by the past and serving federal legislators,” Mr. Falana noted.
“However, to carry out a thorough investigation the President of the Senate and the Speaker of the House of Representatives should be made to give details of the 2016 budget of the National Assembly.”
He warned that the SSS cannot be trusted with the investigation of the monumental scandal in the House, drawing attention to the Zamfara State House of Assembly, where the SSS has arrested and detained the principal officers and administrative staff for daring to embark on the impeachment of Governor Mohammed Yari on grounds of alleged corrupt practices.
Firmly stressing that only the police and the anti-graft agencies have the power to wade into the situation in the House, Mr. Falana said that at the end of the investigation, all the suspects who are indicted should be charged to court while the funds allegedly stolen by them should be recovered.
“In addition, the top civil servants who colluded with the legislators to alter the 2016 national budget should hand over to the Police and anti-graft agencies for investigation and prosecution,” he said, adding that now is the time to stop the looting of the treasury through the padding of the budget by civil servants, ministers, and legislators.
