Femi Falana, SAN, a human rights attorney, has urged that the Department of State Services (DSS) immediately free the suspended chairman of the Economic and Financial Crimes Commission (EFCC), from his unauthorised 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.”
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In a stamped statement made available to the media on Sunday, Falana also asked the Federal Government to ensure that the rights of the suspended Central Bank of Nigeria Governor, Godwin Emefiele and Bawa are respected by the DSS 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 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”.
“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.”
