Former EFCC Chief, Bawa, Is Still in DSS Detention 124 Days After Arrest

Abdulrasheed Bawa, the immediate past chairman of the Economic and Financial Crimes Commission (EFCC), remains under the custody of the Department of State Services (DSS) 124 days after his detention.
Remembers that Bawa was placed on leave in June, and that he was later taken into jail by the DSS.

The Federal Government has been urged to either charge him in accordance with the Constitution or release him.

Human rights attorney Chief Mike Ozekhome (SAN), speaking about Bawa's ongoing detention, urged the SSS to charge or release Bawa.

The Nation said that Ozekhome clarified that, in accordance with the law, Bawa ought to have been charged in light of the accusations made against him by the government.

"In my opinion, Section 35 of the 1999 Constitution, as amended, allows for incarceration for a maximum of one day (24 hours) in cases where a court with competent jurisdiction is located within 40 kilometers of the police station; in the absence of a court, the maximum period is 48 hours; or any longer period that the court deems appropriate in light of the specific facts of the case."

Bawa's continuing detention was justified by the DSS, according to its Director of Information, Willie Bassey, who highlighted "weighty allegations of abuse of office levelled against him."

"To put it mildly, this ongoing confinement without charge or trial is heinous, horrible, and inhumane. Do humans still inhabit the early Australopithecus caveman period? I'm not sure. Or do you not?

"Nigerians have not yet been informed by the DSS of the nature of Bawa's specific offenses, if any, or the extent of the 'investigation.'"

Can illegality give rise to legality, even if he did break some laws? Does a pair of wrongs equal a right? Can the DSS still act as a judge, investigator, prosecutor, accuser, arrester, and detainer? What's the deal here?

"There was orderliness even among insane people the last time I looked." DSS, please release Bawa right now for the sake of humanity, decency, and our constitutional democracy.

The former head of the EFCC, however, may have been detained in accordance with ex-parte court orders obtained on the grounds that the investigation is still ongoing, according to Dayo Akinlaja, another Senior Advocate of Nigeria (SAN).

Dayo Akinlaja stated that the former head of the EFCC may have been held due to court orders obtained ex parte, given that the inquiry is still ongoing.

Nevertheless, Bawa's ongoing arrest violated the spirit of the Constitution, according to Akinlapa.

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