Human rights lawyer, Chief Mike Ozekhome (SAN), yesterday faulted the continued detention of the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, by the State Security Service (SSS), saying it amounted to a gross violation of his rights.
He also slammed the continued holding of suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele after the Federal High Court granted him bail.
The SAN, in a statement, said both were victims of executive lawlessness.
Bawa has been in detention since his arrest on June 14 by the SSS, otherwise known as the Department of State Services (DSS).
Ozekhome said: “I thought under the National Securities Agency Act, 1986, the DSS is only responsible for national security matters. Do these include economic crimes for which the EFCC (Establishment) Act, 2004, was promulgated, with Bawa heading it? I do not know. Or, do you?
“Nearly two months later, Bawa remains kept in captivity, in the DSS gulag. I thought section 35 of the 1999 Constitution, as amended, provides for only one day (24 hours) of incarceration when there is a court of competent jurisdiction within a radius of 40 kilometres from the police station; and where there is no court within a 40-kilometer radius of the station, 48 hours; or any longer period which the court considers reasonable given the particular circumstances of the case.
“The DSS, through its Director of Information, Willie Bassey, cited ‘weighty allegations of abuse of office levelled against him’, as the reason for Bawa’s continued captivity.
“This continued detention without trial is barbaric, atrocious and unconscionable, to say the least. Are we still living in the early caveman Australopithecus era? I do not know. Or, do you?
“Till date, the DSS has not told Nigerians what Bawa’s specific offences are (if any), or the level of ‘investigation’. Investigation?
“Even if he committed some infractions of the law, can illegality beget legality? Can two wrongs make a right? Can the DSS continue to be the accuser, arrester, detainer, investigator, prosecutor and judge? What is going on here?
“The last time I checked, even amongst mad people, there is orderliness. DSS, for God’s sake, and the sake of decency and our constitutional democracy, release Bawa immediately and forthwith.”
On Emefiele, Ozekhome said his alleged offence does not warrant long detention.
“It is clear to me that Mr. Emefiele’s rights have been grossly and wantonly violated with impunity under the thin guise of investigation. What manner of investigation?
“The order of the court granting him bail has since been rendered futile by his subsequent re-arrest and detention.
“The DSS’ wanton acts of brigandage throw us back into the ignoble Hobbessian State of Nature, where life was short, solitary, nasty and brutish. So disgusting. So shameful. So horrific.
“Emefiele’s offences (and Bawa’s, if any), as already charged, are bailable (see sections 35 and 36 of the 1999 Constitution as amended).
“As regards Bawa’s alleged offences, we still do not even know to date. By the way, who is afraid of Emefiele? And who is afraid of Bawa? And why? I do not know. Or, do you? Both Emefiele and Bawa have a presumption of innocence enuring in their favour…”
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