Falana demands immediate release of detained EFCC chairman

A Senior Advocate of Nigeria, Femi Falana, has asked the Department of State Services (DSS) to release the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa from detention without further delay.

The DSS arrested Bawa shortly after he was suspended by President Bola Tinubu on June 14.

In a statement issued on Sunday, the rights activist argued that the remand order secured by the secret police from a magistrate court in the Federal Capital Territory (FCT) on the anti-graft czar has expired and demanded his immediate release.

He also asked the Federal Government to ensure that the rights of the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, and Bawa are respected by the DSS and the office of the Director of Public Prosecution (DPP) in the Federal Ministry of Justice even though the two men had a penchant for disobeying court orders when they were in office.

Falana wrote: “Sometime last month, I had cause to demand 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.

READ ALSO: DSS in lengthy note explains how it has obeyed Court orders on Emefiele, Bawa, Kanu

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.”

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