....or section 35 of the Constitution of Nigeria to authorise the detention of a criminal suspect for 67 days without trial.”
By Goodluck Obodo
Human rights lawyer Femi Falana, SAN, has urged the Department of State Services (DSS) to promptly release Mr. Abdulrasheed Bawa, the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), from unlawful detention.
According to him, a remand order issued by a Magistrate Court in the Federal Capital Territory “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.”
In an official statement released to the media on Sunday, Falana further called upon the Federal Government to guarantee that the rights of both the suspended Central Bank of Nigeria Governor, Godwin Emefiele, and Bawa are upheld by the DSS and the Director of Public Prosecution within the Federal Ministry of Justice. This request remains valid despite their previous track record of disregarding court orders during their tenures.
Part of the statement read, “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”.
He said 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”.
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