The Department of State Services (DSS) has released Abdulrasheed Bawa, the former Chairman of the Economic and Financial Crimes Commission (EFCC), hours after he filed a lawsuit challenging his prolonged detention without trial.
DSS confirms release of former EFCC chairman, Abdulrasheed Bawa, a few hours ago (today 25th October, 2023).
Peter Afunanya, Ph.D, fsi
Director, Public Relations and Strategic Communications
Department of State Services
National Headquarters
Abuja.
25th October, 2023— Department of State Services (DSS) (@OfficialDSSNG) October 25, 2023
Bawa had been in custody since June 14, 2023, raising concerns about the violation of his fundamental rights and the rule of law.
The DSS had been conducting an investigation into allegations of financial impropriety and malfeasance during Bawa’s tenure as the head of the anti-graft agency. However, his continued detention without formal charges for 134 days has drawn widespread criticism from various quarters.
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In the suit filed at the Lagos Division of the Federal High Court for the Enforcement of Fundamental Rights, brought by Barrister Chinedu Oburu of Edu Oburu & Co. on behalf of Bawa, the former EFCC Chairman sought an order from the court to declare his detention without trial as illegal and to secure his immediate release.
The lawsuit, marked FHC/CS/2108/23, was filed on October 20, 2023, and Mr. Bawa sought the following orders: “A Declaration that the continued detention of the Applicant from June 14, 2023, till date without Arraignment or Criminal prosecution is a fragrant abuse and violation of his fundamental rights to freedom, liberty, and personal dignity. An Order directing the Respondent to immediately release the Applicant from custody. And for further or other Orders as the Court may deem fit to make in the circumstances.”
In an affidavit presented to the court, Barrister Oburu asserted that Bawa was appointed as the Chairman of the EFCC by the government of former President Muhammadu Buhari, an institution established to combat corruption in Nigeria.
Following his suspension from office on June 14, 2023, Bawa was invited for interrogation by the DSS, and upon his arrival at their offices, he was promptly detained.
The affidavit further stated, “That since June 14, 2023 (over 120 days) that the Applicant was detained, he has remained in the Respondent’s detention facility without any criminal charge or trial proffered against him till date.
“That the continued illegal detention of the Chairman of the EFCC without any charge is an affront and assault on the fight against corruption in Nigeria.
“That the continued and indefinite detention of the EFCC chairman without any criminal charge is a naked assault on the Fundamental Rights of the Applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
The counsel to Bawa said that he brought the action in the interest of Bawa, the Nigerian public, democracy, and the rule of law in Nigeria, and in support of sustaining the momentum in the fight against corruption.
The suit comes as a significant development in a case that had been widely criticized, with concerns raised over the prolonged detention of a prominent figure in the anti-corruption efforts in Nigeria.
The DSS has been under constant criticism for its show of total disregard for the rule of law. The Nigerian secret service is notorious for arresting and illegally detaining suspects perpetually – even after courts have ordered their release.