Human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has raised his voice to call upon the Federal Government to ensure the release of Abdulrasheed Bawa, the former Chairman of the Economic and Financial Crimes Commission (EFCC), from the custody of the Department of State Services (DSS).
Falana emphasized that the remand order against Bawa has already lapsed, citing the Administration of Criminal Justice Act (ACJA), which specifies a maximum 56-day duration for such orders. With the detention period surpassing the limits set by the Act and Nigeria’s Constitution, Falana asserts that the DSS must promptly free Bawa from unlawful confinement.
Furthermore, Falana stressed that the Federal Government must safeguard the rights of both former Central Bank of Nigeria Governor, Godwin Emefiele, and Bawa. Despite their track record of defying court orders while in their respective roles, Falana urged that their rights be respected by both the DSS and the Director of Public Prosecution at the Federal Ministry of Justice.
He underlined, “The circumstances faced by these two individuals should serve as a lesson to all public officials in Nigeria who often act as if consequences are absent. Nonetheless, a government that upholds the rule of law is bound to uphold citizens’ fundamental rights, following the Constitution’s guidelines.”
Falana previously demanded the immediate release of Emefiele and Bawa, advocating for their presentation before a legally competent court if credible evidence of criminal wrongdoing exists. Referring to Emefiele’s case, Falana criticized the DSS for disregarding court orders, leading to the withdrawal of charges relating to illegal firearm possession.
He concluded, “Considering that Bawa has not been charged with any criminal offense, the DSS should have already released him. It’s worth noting that the remand order’s validity has expired, rendering it invalid and illegal. No magistrate, under Section 493 of the Administration of Criminal Justice Act, 2015, or Section 35 of Nigeria’s Constitution, possesses the authority to detain a criminal suspect for 67 days without a trial.”
