A Senior Advocate of Nigeria (SAN), Dr. Kemi Pinheiro, has appealed to the newly appointed Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), to effect the immediate release of erstwhile Chairman of the Economic And Financial Crimes Commission (EFCC), Abdulrahseed Bawa.
Bawa was invited by the Department of State Services (DSS) on June 14 and has since remained in the custody of the security agency.
In a letter addressed to the AGF, Pinheiro said 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 may also be construed as violating Section 35(4) & (5) of the Constitution (as Amended.)
The section, he said, 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.
He added 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.”
“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.”
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