Prominent constitutional lawyer and human rights activist, Prof. Mike Ozekhome, has strongly condemned the ongoing predicament faced by the suspended Executive Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, and the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele. Ozekhome referred to their circumstances as the pinnacle of executive lawlessness and rascality.
The Senior Advocate of Nigeria (SAN) expressed deep concern that despite the various misdeeds allegedly committed by the prior administration under President Muhammadu Buhari, it is only Bawa and Emefiele who have been singled out as “Executive Victims.”
Shortly after assuming office, President Bola Tinubu suspended both Emefiele and Bawa on allegations of corruption, abuse of office, and threats to national security, among other charges. While Emefiele was arrested on June 10 and subsequently arraigned a month later based on a court order, Bawa has not been formally charged with any offense.
However, in an unprecedented move, the Department of State Services (DSS) took Emefiele into custody after a struggle with personnel from the Nigeria Correctional Service, contending that fresh allegations warranted his continued detention despite being granted bail by the court.
In a statement issued to journalists, Ozekhome criticized the DSS for disregarding constitutional provisions and lawful court orders in the continued detention of both individuals. He labeled their ongoing incarceration as “barbaric, atrocious, and unconscionable.”
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Ozekhome particularly condemned the DSS’s reasoning for Bawa’s continued detention, as it cited “weighty allegations of abuse of office.” He questioned the lack of transparency regarding the specific charges and the level of investigation carried out.
He said, “The DSS, through its Director of Information, Willie Bassey, cited “weighty allegations of abuse of office levelled against him”, as the reason for Bawa’s continued captivity.
“This continued detention without trial is barbaric, atrocious, and unconscionable, to say the least. Till date, the DSS has not told Nigerians what Bawa’s specific offences are (if any), or the level of “investigation.”
Turning his attention to Emefiele’s situation, Ozekhome emphasized that his case highlights the adage “he who sups with the devil, should have a very long spoon.” Emefiele’s alleged plight, according to the senior lawyer, stems from his association with the Buhari government.
Ozekhome pointed out that despite accusations against Emefiele, including the depreciation of the nation’s currency, he has not been accused of crimes on the scale of many of Buhari’s supporters. He raised concerns about selective justice and potential regional bias in the treatment of the suspended officials.
“I did not hear that he was involved in any coup attempt, or in kidnapping, armed banditry, or armed robbery. I have yet to hear that Emefiele committed murder. Even in these capital offences, a Judge can still grant bail to an accused person under certain circumstances as provided for in section 161 of the ACJA.
“So, the questions still remain unanswered: were all these acts complained about in Emefiele’s own accord alone? Could Emefiele have taken these decisions alone without former President Buhari’s backing? Can someone clap with one palm?
“Why punish the messenger and save the principal sender? Is this not selective justice? Is it because of where he comes from? Could this have happened to a northerner given the same extenuating circumstances,” the senior lawyer asked.
Concluding his statement, Ozekhome strongly criticized the DSS for its disregard of court orders and urged the agency to release both Emefiele and Bawa in accordance with the Rule of Law.