Bawa’s 70-day detention illegal - lawyer

A Senior Advocate of Nigeria (SAN), Dr. ‘Kemi Pinheiro, has urged the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), to ensure the immediate release of erstwhile Chairman of the Economic And Financial Crimes Commission (EFCC), Abdulrahseed Bawa.

Pinheiro noted that Bawa’s continued detention by the Department of State Services (DSS) for 70 days (as of yesterday) “without any known charge” was unconstitutional and unlawful. He warned that by illegally holding Bawa, the government risked sending the wrong signal to the international community on human rights violations in Nigeria.

In a letter, titled: The Continuous and Unlawful Detention of the Erstwhile Executive Chairman of the Economic And Financial Crimes Commission (EFCC), Mr. Abdulrahseed Bawa, and dated August 21 sent to the AGF, the lawyer noted that Bawa was suspended from office by President Bola Tinubu on June 14, arrested by the DSS, and has been in the custody of the secret police since then.

Pinheiro said: “Sometime ago, when the public’s curiosity arose on the cause of the purported ‘unlawful’ detention of the erstwhile EFCC chairman, the officers of the DSS were said to have purportedly stated that the detention of the erstwhile EFCC chairman was lawful and pursuant to a court order.

“As at the date of writing this letter, Mr. Abdulrasheed Bawa has been in the detention of the DSS for 68 days now (as of Monday) with no statement issued to the public on the cause of his detention or any known charge filed against him before any competent court of record.

“Even while we might believe that his detention may be based on a remand order issued by a court of competent record, it is of utmost importance to draw your attention to the unjustifiable extended duration of this remand order.

“As at the date of writing this letter, Mr. Abdulrasheed Bawa has been in the detention of the DSS for 68 days now (as of Monday) with no statement issued to the public on the cause of his detention or any known charge filed against him before any competent court of record.

“Even while we might believe that his detention may be based on a remand order issued by a court of competent record, it is of utmost importance to draw your attention to the unjustifiable extended duration of this remand order.

The section guarantees the right of every person, where arrested or detained, to be charged before a competent court of law within a reasonable time.

Pinheiro noted that Section 35(5) of the Constitution further defines “reasonable time” to be a period not exceeding 48 hours, depending on the accessibility to a court of competent jurisdiction from the place of arrest.

The lawyer noted that in the event that the detention of Bawa “was effected in order to provide ample time for the officers of the DSS to complete any investigation, it is pertinent to state that the period of 68 days is unreasonable”.