By Ayo Yusuf
Fiery activist and human rights advocate, Femi Falana, SAN, has warned the Department of State Services, DSS, that the continuous detention of the suspended Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Abdulrasheed Bawa has become an illegality following the expiration of the remand order issued by a magistrate court of the Federal Capital Territory.
Mr Falana who urged the security service to release Mr Bawa without further delay, insisted that the order under which he was originally detained “has become spent, invalid and illegal.”
According to him, “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.”
In a stamped statement made available to the media on Sunday, Mr. Falana also asked the Federal Government to ensure that both the rights of Mr Bawa and the suspended Central Bank of Nigeria Governor, Godwin Emefiele are respected by the DSS 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.
He noted that “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”
Barely two months ago Mr Falana has asked the Department of State Services (DSS) to speed up the investigation into the cases involving Mr Bawa and the embattled CBN Governor
during an interview on Channels Television’s Politics Today.
Mr Falana had urged the DSS to arraign the duo in court if it has evidence of indictment arguing that the continued detention of Emefiele and Bawa did not reflect the implementation of the Administration of Criminal Justice Act.
“Investigations should be speedily conducted, more so where allegations are made. I do not expect any delay in the investigation of the very serious allegation that has been made,” he stated.
“In the case of Emefiele, the State Security Services last year alleged his involvement in terrorism financing. Please, quickly do something about that. With respect to money laundering and other offences, take them to the appropriate agencies of government.
“In the case of Mr Bawa, we haven’t been told the offences he committed. I cannot speak very confidently with respect to the gentleman except to ask the government or the agencies involved to speed up an investigation and have them arraigned if they are indicted.”
Sunday’s statement is therefore the continuation of the activist lawyer’s determination to ensure that the rule of law is scrupulously observed in the prosecution of the duo.
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.
Human rights lawyer Femi Falana has asked the Department of State Services (DSS) to speed up the investigation into the cases involving the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa and the embattled Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Speaking during an interview on Channels Television’s Politics Today, Falana urged the DSS to arraign the duo in court if it has evidence of indictment.
He argued that the continued detention of Emefiele and Bawa did not reflect the implementation of the Administration of Criminal Justice Act.
Investigations should be speedily conducted, more so where allegations are made. I do not expect any delay in the investigation of the very serious allegation that has been made,” he stated.
“In the case of Emefiele, the State Security Services last year alleged his involvement in terrorism financing. Please, quickly do something about that. With respect to money laundering and other offences, take them to the appropriate agencies of government.
“In the case of Mr Bawa, we haven’t been told the offences he committed. I cannot speak very confidently with respect to the gentleman except to ask the government or the agencies involved to speed up an investigation and have them arraigned if they are indicted.”
