THE CONTINUED DETENTION OF BAWA

The detention without trial of the EFCC Chairman is wrong

We subscribe to the position of Lagos lawyer, Femi Falana, SAN, that the continued detention without trial of the Economic and Financial Crimes Commission’s (EFCC) Chairman, Abdulrasheed Bawa is illegal and dangerous for the health of our democracy. Bawa was on 14^th June suspended by President Bola Tinubu to allow for a proper investigation of some “weighty allegations of abuse of office levelled against him.” Same day, he reportedly submitted himself to the State Security Service (SSS) in relation “to some investigative activities concerning him.” Since then, Bawa has been kept in custody without any charge.  

Under whatever guise or pretence, detention of citizens without trial is an open sign of authoritarianism. For a government that is less than 100 days in office, the Bawa instance needs to be seen as a bad sign. If a prominent citizen like Bawa can just be put away, let’s not be surprised if tomorrow lesser mortals start disappearing off the streets by being casually arrested and put away without charge or prosecution. Besides, the optics of people under EFCC investigation taking office as ministers while Bawa rots in detention reflect contempt for transparency and accountability. It is the height of power arrogance to just put away a top government official and not even have the routine decorum to tell the public why.  

 The real issue here is the illegality of the continued detention without trial. “I am not unaware of the claim that Mr. Bawa is being detained on the basis of a remand order issued by a Magistrate Court in the Federal Capital Territory,” said Falana who argued 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, 2015, or Section 35 of the Constitution of Nigeria to authorise the detention of a criminal suspect for 67 days without trial.”  

We hope that Bawa is not a foretaste of something far too frightening. If between when he was suspended and detained and now, the state is yet to come up with any charge, we fail to understand the basis for his continued detention. Incidentally, Bawa’s case mirrors that of the equally suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele. But in the case of Emefiele, at least there have been some public drama if only to fulfill some legal righteousness. The suspended CBN Governor has been charged and dragged around various courts by the DSS. The only problem is the serial disobedience of court orders that respect his individual rights.  

Last month, Emefiele was arraigned in court on a two-count charge bordering on possession of a single barrel shot gun, as well as possession of 123 rounds of live ammunition without licence. After pleading not guilty to the charge, Emefiele was subsequently granted bail in the sum of N20 million with one surety in like sum. The court then adjourned the case until 14^th November for trial and ordered Emefiele’s remand in the correctional service pending perfection of his bail. When a senior officer of the Nigeria Correctional Service (NCoS) attempted to take Emefiele into custody in line with the court’s directive, he was accosted by DSS operatives. What followed was a free-for-all fight that nearly degenerated into a shooting war between officials of the two agencies before sanity eventually prevailed. Emefiele was last week charged with a different offence to continue the drama of absurd.  

On Bawa, there has been no action. He has just been detained without charge. Yet, using force unrestrained by law or conscience to trample on the fundamental rights of citizens should have no place in a democracy. Bawa should be charged to court or be released.