Femi Falana said contrary to concerns raised by the
opposition Peoples Democratic Party, PDP, and some
legal practitioners that the federal government is
acting with impunity by detaining some suspects
beyond 48 hours, the rights of the suspects have not
been violated in any way.
In a statement released on Sunday, Mr. Falana said
the government has handled the investigation within
the ambit of the law so far.
The immediate past National Security Adviser, Sambo
Dasuki, alongside the former Governor of Sokoto
State, Attahiru Bafarawa, the founder of DAAR
Communications PLC, Raymond Dokpesi, and a
former Chairman of the defunct Presidential
Implementation Committee on Marine Safety
(PICOMMS), Salihu Atawodi, have been detained
beyond the statutory 48 hours by the Economic and
Financial Crime Commission, EFCC, in connection
with the probe of how billions of dollars meant for
arms procurement was spent.
Mr. Falana said the complaints that their rights have
been violated are merely ploy to divert the attention
of the public from “the grave allegations” of
recklessly diverting public funds meant for arms
procurement.
He said 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,” he
stated.
“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.
He therefore called on the government not to buckle
to pressure of people he said have lost their sense of
shame and would rather the accused are left off the
hook.
“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 suggested that government should set up
a dedicated account where they money would be
recovered from the suspects would be kept and used
to procure equipment for the military and create job
for unemployed Nigerian youth as well as build and
repair decapitated public infrastructure.
Mr. Falana further stated that the funds that was
allegedly misappropriated was not $2.1 billion as
erroneously reported in the media but $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, he said.
Mr. Falana, who was counsel to some soldiers
sentenced to death for refusing to fight Boko Haram
with inadequate equipment said it was only proper
for the government to release the detained soldiers
following revelations of how the monies meant for
the purchase of arms 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,” he said.

saharareporters.com/2015/12/06/arms-procurement-probe-rights-suspects-not-violated--falana

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