A Senior Advocate of Nigeria (SAN), Dr. ‘Kemi Pinheiro, Urges Immediate Release of Former EFCC Chairman Abdulrahseed Bawa, Citing Unconstitutional and Unlawful Detention
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Prominent Senior Advocate of Nigeria (SAN), Dr. ‘Kemi Pinheiro, has issued a compelling plea to the newly appointed Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), urging the swift release of the former Chairman of the Economic And Financial Crimes Commission (EFCC), Abdulrahseed Bawa.
Pinheiro underscored that Bawa’s prolonged confinement by the Department of State Services (DSS) for a span of 68 days (as of Monday) “without any known charge” constitutes a breach of the constitution and a violation of the law.
He cautioned that the continued detention of Bawa could inadvertently transmit an unfavorable message to the global community about the status of human rights infringements in Nigeria.
In his communication to the AGF, a letter dated August 21, titled “The Continuous and Unlawful Detention of the Erstwhile Executive Chairman of the Economic And Financial Crimes Commission (EFCC), Mr. Abdulrahseed Bawa”, Pinheiro highlighted that Bawa’s suspension from his position by President Tinubu took place on June 14, subsequently leading to his arrest by the DSS, where he remains held.
In his letter, Pinheiro raised a significant point, stating, “Not long ago, when the public’s curiosity arose regarding the reasons behind the alleged ‘unlawful’ detention of the former EFCC Chairman, DSS officials were reported to have claimed that his detention adhered to the law and was carried out in accordance with a court order.”
As of the time of drafting the letter, Abdulrasheed Bawa has been detained by the DSS for a duration of 68 days, with no official press statement issued to elucidate the grounds for his detention or any formal charges filed against him before a recognized court.
Pinheiro acknowledged that while it might be assumed that his detention is linked to a remand order secured under section 293 of the Administration of Criminal Justice Act 2015, which outlines the protocol for obtaining a remand order, he stressed the unjustifiable extension of this order.
He emphasized that even if the remand order adhered to legal procedures, Section 295 of the same Act provides a window for a detainee to seek bail during the remand proceedings or through a separate, autonomous action.
Pinheiro’s primary concern revolves around the possibility that the continuous detention could also be construed as violating Section 35(4) & (5) of the Constitution (as Amended.)
These constitutional sections guarantee every individual’s right to be charged before a competent court of law within a reasonable timeframe when arrested or detained. Section 35(5) precisely defines “reasonable time” as a period not exceeding 48 hours, contingent upon the accessibility to a court of competent jurisdiction from the location of arrest.
He emphasized that the duration of 68 days is categorically unreasonable if the detention of Bawa was orchestrated to provide ample time for DSS officers to conclude an investigation. Pinheiro urged that if an investigation is ongoing, Bawa could concurrently be granted bail.
He fervently advocated for the rule of law and the pursuit of justice, underscoring the urgency of releasing Abdulrasheed Bawa immediately to avert conveying negative impressions to the international community regarding human rights violations in Nigeria.
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