$6bn Arms Budget Diversion: FG Should Made Those Involved Face The Full Wrath Of The Law – Falana

Human rights activist and lawyer, Mr Femi Falana (SAN) has called on President Muhammadu Buhari’s administration to ignore the reckless campaign of calumny by some suspects implicated in the probe of the diversion of the $2.1 billion and N643 billion arms budget.

Falana, who said this in a statement he issued in Lagos yesterday, also called on the federal government to 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.

According Falana, 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.

Falana further stated that in pursuant to the Freedom of Information Act, 2011 he 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 (ICC) for crimes against humanity.

He said, “Last week, some of the principal suspects implicated in the probe of the $2.1 billion and N643 billion arms gate were nabbed by the Economic and Financial Commission.

“Pursuant to the ex parte orders validly issued by the courts the suspects have since been detained for the purpose of investigation.

“But in a desperate move designed to divert the attention of the Nigerian people and the international community from the grave allegations of reckless and criminal diversion of the public funds earmarked for arms procurement to prosecute the war on terror, some reactionary politicians have accused the Buhari administration of engaging in impunity for detaining the suspects beyond 48 hours without trial.

“In challenging the detention of the suspects by the EFCC a senior lawyer was alleged to have said that “a magistrate court has no power to issue a holding charge warrant”.

“With respect, the detention of the suspects is in strict compliance with the rule of law. 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 approprite 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.

By Gbenga Soyele via [Leadership]