- Senior Advocate Dr. Pinheiro urges AGF Fagbemi to release former EFCC Chairman Bawa detained by DSS for 68 days, citing unconstitutionality
- Pinheiro appeals to AGF to release ex-EFCC Chief Bawa held by DSS for 68 days, citing constitutional rights and justice
Dr. Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), has urged the newly appointed Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), to effect the immediate release of former EFCC Chairman Abdulrahseed Bawa.
Bawa was summoned by the Department of State Services (DSS) on June 14 and has remained in their custody since.
Pinheiro stated in a letter to the AGF that Bawa’s continued detention by the DSS “without any known charge” was unconstitutional and unlawful.
The letter, dated August 21, was titled;
The continuous and unlawful detention of the erstwhile Executive Chairman of the Economic And Financial Crimes Commission (EFCC), Mr. Abdulrahseed Bawa.
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.
Granted that the said remand order may have been obtained pursuant to section 293 of the Administration of Criminal Justice Act 2015 which provides succinctly on the procedures to be followed in obtaining a remand order, Section 295 of the said Act also provides an opportunity for a suspect to apply for bail during the course of the said remand proceedings or in an entirely independent action, Pinheiro said.
According to the senior lawyer, Bawa’s continued detention could be construed as a violation of Section 35(4) and (5) of the Constitution (as Amended).
According to him, the section guarantees the right of every person arrested or detained to be charged in a competent court of law within a reasonable time.
According to Pinheiro, Section 35(5) of the Constitution defines “reasonable time” as a period of no more than 48 hours, depending on the accessibility of a court of competent jurisdiction from the place of arrest.
He added that if Bawa’s detention “was effected in order to provide ample time for DSS officers to complete any investigation, it is pertinent to state that the period of 68 days is unreasonable.”
What is more, the said investigation by the DSS may be carried out contemporaneously with the erstwhile EFCC Chairman being admitted to bail.
It is considerably urged by this letter that the rule of law and the interest of justice should prevail and Mr. Abdulrasheed Bawa be released immediately so as not to send the wrong signal to the international Community as it relates to human rights violations in Nigeria.