Femi Falana, human rights lawyer, says the federal government should order the release of Abdulrasheed Bawa, suspended chairperson of the Economic and Financial Crimes Commission (EFCC).
On June 14, President Bola Tinubu suspended Bawa to allow for a proper investigation into his conduct while in office.
A statement by Willie Bassey, director of information, office of the secretary to the government of the federation (SGF), said the suspension followed “weighty allegations of abuse of office levelled against him”.
A few hours after Bawa was suspended, he honoured the invitation by the Department of State Services (DSS) and has been in the custody of the secret police since June.
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In a statement on Sunday, Falana said the order obtained by the DSS to remand Bawa is no longer valid.
Falana noted that the security service ought to have released the suspended EFCC chairperson since no criminal charge has been filed against him.
“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,” Falana said.
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“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.”
Also, the senior advocate of Nigeria (SAN) added that the federal government should respect the court order regarding Godwin Emefiele, suspended governor of the Central Bank of Nigeria (CBN).
“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,” he said.
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“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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