A Senior Advocate of Nigeria (SAN), ‘Kemi Pinheiro, has called on the Attorney-General of Nigeria, Lateef Fagbemi, to release former EFCC chairman, Abdulrahseed Bawa, who has been detained by the DSS for 70 days without charge.
Pinheiro argues that the continued detention of Bawa is a violation of his constitutional rights and sends a negative message about Nigeria’s commitment to human rights.
The senior lawyer stated this in a letter sent to the Attorney General on August 21, entitled “The Unlawful and Continuous Detention of Former EFCC Chairman Abdulrahseed Bawa.”
In the letter, Pinheiro pointed out that Bawa was suspended from his post by President Bola Tinubu in on June 14, and arrested by the DSS shortly after, where he has been detained ever since.
Pinheiro lamented that when questions arose about the legality of Bawa’s detention, the DSS claimed that it was all above board and in accordance with a court order.
However, Pinheiro pointed out that Bawa had been held by the DSS for 68 days at the time of the letter (as of Monday), with no public statement on why he was being held or any charges filed against him in a court.
He said, “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.”
He noted that his present concern is that the continued detention may also be construed as violating Section 35(4) & (5) of the Constitution (as Amended).
According to him, 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.
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.”