LAGOS, Nigeria – Prominent human rights lawyer, Femi Falana, SAN, has demanded the prompt release of the detained Chairman of the Economic and Financial Crimes Commission, EFCC, Abdulrasheed Bawa.
His demands stem from the belief that Bawa’s current detention surpasses the legally permissible period.
Releasing an official statement on Sunday, August 20, 2023, in Lagos, Falana noted that the Department of State Services, DSS, has no legal authority to continue Bawa’s detention as the remand order underpinning his custody has expired.
Falana stated, “Mr. Abdulrasheed Bawa’s continued detention, without being charged with a criminal offence, violates legal protocols. Although a remand order from a Magistrate Court in the Federal Capital Territory has been cited as grounds for his detention, it has become spent and is therefore invalid.”
Drawing on legal precedents, Falana emphasized, “No magistrate holds the authority under Section 493 of the Administration of Criminal Justice Act, 2015 or Section 35 of the Constitution of Nigeria to permit the 67-day detention of a criminal suspect without a trial.”
He went on to highlight the constraints of the Administration of Criminal Justice Act, “This act clearly stipulates that the total duration of a remand order cannot surpass 56 days.
Given that Mr. Bawa’s detention period has overstepped this limit, as mandated by both the Administration of Criminal Justice Act and the Constitution of Nigeria, the DSS must be instructed to immediately release him.”
Falana further remarked on the need for the Federal Government to ensure that the rights of Bawa and other detainees, such as Emefiele, are upheld by the DSS and the office of the Director of Public Prosecution in the Federal Ministry of Justice.
Falana criticized their previous disregard for court orders during their tenures. “Regardless of past actions,” Falana added, “The Government’s obligation is to operate under the rule of law, ensuring no breach in citizens’ fundamental rights.”
Bawa is currently detained by the DSS in Abuja, is under investigation for alleged financial misdemeanors during his tenure. He has been in DSS custody for precisely 67 days since June 14, 2023.
