• Says ACJA’s cumulative remand order stipulates 56 not 67 days
• ‘Plight of Emefiele, Bawa, lesson for public officers who behave as if there’s no tomorrow’
A legal luminary and human rights activist, Mr Femi Falana (SAN), has urged President Bola Tinubu to direct the Department of State Services (DSS) to release the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Mr AbdulRasheed Bawa, without further delay or charge him to court.
According to Falana, it is illegal for the DSS to detain Bawa for 67 days on the basis of expired remand order, saying that under the Administration of Criminal Justice Act (ACJA), the cumulative life span of remand order is 56 days and not 67 days.
Falana stated this in a statement he personally signed and made available to TheIdeal News on Sunday.
The Senior Advocate spoke while reacting to DSS’ detention of Bawa and the suspended Governor of Central Bank of Nigeria (CBN), Mr Godwin Emefiele.
But Falana stated that the plight of Emefiele and Bawa should be a lesson for all public officers in Nigeria who always behave as if there will be no tomorrow.
The Senior Advocate said, “Sometime last month, I had cause to demand for the immediate release of Mr. Godwin Emefiele, the suspended CBN Governor and Mr. Abdulrasheed Bawa, the suspended Chairman of the EFCC from the custody of the DSS.
“In the alternative, I requested the Federal Government to charge the two detained suspects before a court of competent jurisdiction, if there was evidence that they had committed criminal offences.
“It is public knowledge that Emefiele was recently charged with illegal possession of firearms before the Federal High Court in Lagos.
“Even though he was granted bail, the DSS treated the order of the court with contempt. As the violent invasion of the court coupled with the disobedience of the order of the Court by officials of the DSS could not be justified, the Federal Government decided to withdraw the charge of illegal possession of firearms.
“The case was accordingly struck out by the court while Emefiele was charged with some economic crimes at the Abuja Judicial Division of the Federal High Court.”
Speaking on the travails of Bawa, Falana said the suspended EFCC boss has not been charged with any criminal offence whatsoever, saying that the DSS ought to have released him from custody.
He said, “ I am not unaware of the claim that Bawa is being detained on the basis of a remand order issued by a Magistrate Court in the Federal Capital Territory.
“It ought to be pointed out that the remand order has become spent, invalid and illegal as no magistrate has the power under section 493 of the Administration of Criminal Justice Act (ACJA), 2015 or section 35 of the 1999 Constitution (as amended) to authorise the detention of a criminal suspect for 67 days without trial.
“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 DSS should be directed to release Bawa from illegal custody without any further delay.
“The Federal Government should ensure that the rights of 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. 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.”
