Human rights lawyer, Femi Falana, SAN, has called for the immediate release the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa, who is currently in the custody of the Department of State Services (DSS).
Falana has called for Bawa’s immediate release from what he deems to be illegal custody, asserting that a remand order issued by a Magistrate Court has exceeded its validity and legality.
Mr. Falana pointed out that under Section 493 of the Administration of Criminal Justice Act, 2015, as well as Section 35 of the Constitution of Nigeria, a magistrate lacks the authority to sanction the detention of a criminal suspect for an extended period of 67 days without trial. In a statement released to the media, Falana urged the DSS to adhere to the principles of justice and respect for human rights by promptly releasing Mr. Bawa.
Furthermore, Falana addressed the situation of another prominent figure, the suspended Central Bank of Nigeria Governor, Godwin Emefiele. He emphasized the importance of upholding the rights of both Bawa and Emefiele, even though they had a history of disregarding court orders during their respective tenures in office. Falana cautioned that their predicament should serve as a lesson to all public officers in Nigeria who might overlook the importance of respecting the law.
Falana underscored that the Nigerian government, which is governed by the rule of law, must refrain from infringing upon the fundamental rights of citizens unless legally prescribed by the Constitution of Nigeria.
See the full statement below:
RELEASE ABDULRASHEED BAWA FROM CUSTODY AS HIS REMAND ORDER HAS EXPIRED
Sometime last month, I had cause to demand for the immediate release of Mr. Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, and Mr. Abdulrasheed Bawa, the suspended Chairman of the Economic and Financial Crimes Commission from the custody of the State Security Service.
In the alternative, I requested the Federal Government to charge the two detained suspects before a court of competent jurisdiction, if there was evidence that they had committed criminal offences.
It is public knowledge that Mr. Emefiele was recently charged with illegal possession of firearms before the Lagos Judicial Division of the Federal High Court. Even though he was granted bail, the State Security Service treated the order of the Court with contempt.
As the violent invasion of the court coupled with the disobedience of the order of the Court by officials of the State Security Service could not be justified, the Federal Government decided to withdraw the charge of illegal possession of firearms.
The case was accordingly struck out by the court while Mr. Emefiele was charged with some economic crimes at the Abuja Judicial Division of the Federal High Court.
However, in view of the fact that Mr. Abdulrasheed Bawa has not been charged with any criminal offence whatsoever, the State Security Service ought to have released him from custody.
I am not unaware of the claim that Mr. Bawa is being detained on the basis of a remand order issued by a Magistrate Court in the Federal Capital Territory. It ought to be pointed out that the remand order has become spent, invalid and illegal as no magistrate has the power under section 493 of the Administration of Criminal Justice Act, 2015 or section 35 of the Constitution of Nigeria to authorise the detention of a criminal suspect for 67 days without trial.
Indeed, under the Administration of Criminal Justice Act, the cumulative lifespan of a remand order is 56 days. Therefore, having exceeded the detention period permitted by the Administration of Criminal Justice Act and the Constitution of Nigeria, the State Security Service should be directed to release Mr. Abdulrasheed Bawa from illegal custody without any further delay.
The Federal Government should ensure that the rights of Messrs Emefiele and Bawa are respected by the State Security Service and the office of the Director of Public Prosecution in the Federal Ministry of Justice, even though the duo had a penchant for disobeying the orders of the courts, when they were in office.
The plight of both suspects should be a lesson for all public officers in Nigeria who always behave as if there will be no tomorrow. However, the Government which rules by law is under a legal obligation not to breach the fundamental rights of citizens except in a manner prescribed by the Constitution of Nigeria.
