Renowned legal expert Rotimi Jacobs SAN, CON., Senior Advocate of Nigeria, has raised critical concerns regarding the continued detention of Mr. Abdulrasheed Bawa, the former Executive Chairman of the Economic and Financial Crimes Commission (EFCC).
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Mr. Bawa’s detention, which began on June 14, 2023, following his suspension by President Bola Ahmed Tinubu, GCFR, has now reached a duration of 68 days.
In a compelling analysis, Jacobs has drawn attention to the legality of this extended detention and its implications on the rule of law in Nigeria’s constitutional democracy.
The Department of State Services (DSS) justified Bawa’s detention by citing a remand order issued by the court. However, Jacobs has brought into question the legality of such prolonged detention under the provisions of the Administration of Criminal Justice Act, 2015.
Jacobs’s assessment highlights that a remand order, as per the Act, has specific time limits.
The Act provides that a remand warrant issued under section 293 of the Act initially lasts for 14 days and can be subsequently renewed for another 14 days, totaling 28 days. After this period, the Magistrate is required to review the detention, addressing the Attorney General of the Federation, the detaining authority (DSS), and the suspect to determine whether the remand order should be vacated, and the suspect released unconditionally. Following these stages, a maximum detention period of 56 days is permissible under law.
Today, August 21, 2023, marks the 68th day of Mr. Abdulrasheed Bawa’s detention, exceeding the legally allowable limit. Jacobs emphasizes that the fundamental issue lies not solely in Mr. Bawa’s case but in upholding the rule of law in Nigeria’s democratic framework. He underscores the significance of respecting constitutional principles in a democratic society and urges relevant authorities to ensure justice prevails in this case and others of its kind.
As a committed advocate of justice and a Senior Advocate of Nigeria, Rotimi Jacobs SAN, CON., calls upon relevant authorities to consider the legal implications of prolonged detention and uphold the rule of law in the interest of justice, transparency, and democracy.
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