Ex-EFCC Prosecutor Sues DSS over Bawa’s Detention

•Pinheiro: His incarceration illegal, demands immediate release

Wale Igbintade

A former prosecutor with the Economic and Financial Crimes Commission (EFCC), Nkereuwem  Anana, has filed a fundamental right enforcement suit against the Director-General of the Department of State Security (DSS), over alleged unlawful and continuous detention of Mr. Abdulrasheed Bawa, the suspended Chairman of EFCC.

Also, a Senior Advocate of Nigeria (SAN), Dr. ‘Kemi Pinheiro, has urged the newly appointed Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) to effect the immediate release of Bawa.

Bawa has been in detention since June 14, 2023, when he was arrested by the operatives of the DSS.

Anana in his suit numbered FHC/L/CS/1631/2023, listed the DSS and the Attorney-General of the Federation (AGF), as second and third respondents.

He is asking for an order of the court mandating the immediate release of  Bawa from the first and second respondents’ detention.

The Plaintiff is also seeking “an order of the court granting Mr.  Bawa bail on liberal terms and or an order mandating the respondents to produce Abdulrasheed Bawa before the court to show cause why he should not be admitted bail.

He prayed the court to award the sum of N100 million as damages against the first and second respondents.

The suit was premised on Fundamental Rights Enforcement (Civil Procedure) Rules 2009, Section 46(3) of the Constitution; African Charter on Human and Peoples’ Rights, and  Under the court’s Inherent Jurisdiction.

The plaintiff is asking the court, among others, for “a declaration that the arrest and continuous detention of Abdulrasheed Bawa, former Chairman Economic and Financial Crimes Commission by the first and second respondents, constitutes a violation of his fundamental rights guaranteed by Section 35 (1) (2) (38) and (4) of the 1999 Constitution of Nigeria as amended and the African Charter of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 2004.

“A declaration that arrest and continuous detention of Abdulrasheed Bawa by the first and second respondents, without granting him bail as envisaged by law constitutes a violation of his fundamental rights guaranteed by Section 35 (1) (2) (3) and (4) of the 1999 Constitution of Nigeria as amended and the African Charter of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 2004.

“A declaration that the arrest and continuous detention, harassment, intimidation of Abdulrasheed Bawa over an investigation that the first and second respondents lack the powers to investigate, threatens the life of Abdulrasheed Bawa and therefore is unlawful, unjustifiable, illegal and unconstitutional.”

The lawyer in an affidavit deposed to by his Litigation Secretary, Mkpoufo Sunday Edet, stated that Abdulrasheed Bawa, Chairman of EFCC, has been in custody of the respondents for a period of about 2 months and more, and that both the first and second respondents arrested him when he was the extant chairman of the EFCC, on or about June 14, 2023.

Pinheiro, on his part, noted that Bawa’s continued detention by the DSS for 68 days (as of Monday) “without any known charge” was unconstitutional and unlawful.

He warned that by so holding Bawa, the government risked sending the wrong signal to the international community concerning human rights violations in Nigeria.

The senior lawyer’s August 21 letter to the AGF was titled: “The continuous and unlawful detention of the erstwhile Executive Chairman of the Economic And Financial Crimes Commission (EFCC), Mr. Abdulrahseed Bawa.”