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Senior Advocate of Nigeria (SAN) informs Attorney General of the Federation (AGF) Fagbemi that Bawa’s 70-day detention is both illegal and unconstitutional.

  • Post category:Politics

A Senior Advocate of Nigeria (SAN) named ‘Kemi Pinheiro has called upon the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to take immediate action for the release of the former chairman of the Economic And Financial Crimes Commission (EFCC), Abdulrahseed Bawa.

Pinheiro highlighted that Bawa’s ongoing detention by the Department of State Services (DSS) for a period of 70 days (as of Wednesday) without any identifiable charges is both unconstitutional and unlawful. He cautioned that the government’s decision to continue detaining Bawa could potentially convey a negative message to the international community about human rights violations in Nigeria.

In a letter dated August 21, the senior lawyer addressed the AGF and titled it “The Continuous and Unlawful Detention of the Former Executive Chairman of the Economic And Financial Crimes Commission (EFCC), Mr. Abdulrahseed Bawa.” In the letter, Pinheiro emphasized that Bawa’s situation raises serious concerns and urged for prompt attention to the matter.

He observed that Bawa’s suspension from office by President Bola Tinubu took effect on June 14, and subsequently, he was apprehended by the DSS, where he has remained in custody since his arrest.

Pinheiro conveyed, “At a previous juncture when the public began questioning the basis for the alleged ‘unlawful’ detention of the former EFCC chairman, there were indications that DSS officers claimed his detention was lawful and executed pursuant to a court order.”

“As of the time of composing this correspondence, Mr. Abdulrasheed Bawa has been held by the DSS for a total of 68 days (up until Monday), with no public announcement provided regarding the rationale behind his detention or any identifiable charges formally brought against him in a competent court.”

“While it could be presumed that his detention may be grounded in a remand order granted by a recognized court, it is crucial to underscore the unreasonably prolonged duration of this remand order.”

“While we acknowledge that the said remand order may have been procured in line with section 293 of the Administration of Criminal Justice Act 2015, which outlines the prescribed procedures for obtaining a remand order, it is noteworthy that Section 295 of the same Act also permits a suspect to seek bail during the course of the remand proceedings or through a completely independent action.”

He expressed concern over the extended detention, highlighting that this might potentially infringe on the provisions of Section 35(4) & (5) of the Constitution (as Amended). According to him, these constitutional clauses guarantee the right of anyone arrested or detained to be charged before a competent court within a reasonable period.

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