Bawa: An Unlawful Detention And What It May Mean For Our Democracy -By Aminu Yusuf

Being an EFCC chairman has got to be up there as the worst executive roles anyone will assume in Nigeria. It never ends well for anybody who heads such a sensitive seat. Just recently, when the erstwhile EFCC chairman, Abdulrasheed Bawa was under fire from civil society groups and some politicians, I had written a published article that Bawa needed our support and not distraction. I mean, he is the head of an institution which is at the forefront of saving our economy from sabotage. Bawa is perhaps the most unfortunate among his predesessors, apparently. While the other chairpersons were unceremoniously ousted from their positions, Bawa was not only ousted, but he has remained in detention with the DSS without any formal charge or arraignment.

In the previous write up, I had advocated for the fast-tracking of the bill being considered by the senate, which seeks to amend the EFCC act by limiting the powers of the president to sack the EFCC chairman, by subjecting the decision to confirmation by the senate.

It is most unfortunate that in a democracy as old as Nigeria’s, and especially under the leadership of a bonafide democrat and freedom fighter that President Ahmed Bola Tinubu is, Bawa continues to remain in detention without charges! Nigeria is at the forefront of the agitations for the release and reinstatement of President Bazoum of Niger. But look where we are with Bawa! What an oxymoron.

Moreover, Bawa as chairman always advocated for allowing judicial process to run its full course. This is evident in the commission’s ease of bail processes and also speed of charging suspects to court. With 3785 convictions secured in 2022, the commission performed more than any previous year of its existence, bar 2003, which was the year the commission was formed.

It is unbefitting what is happening to him now. Section 36 of the 1999 Constitution of the Federal Republic of Nigeria guarantees fair hearing. Yet, a court is yet to hear from the former EFCC boss. Nigerians cannot wait to hear what he remains in detention for. There should be no detention without trial in a democracy. It stands in contradiction to Section 41 of the 1999 Constitution of the Federal Republic of Nigeria which says inter alia, ‘Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof.

Article 7(b) of the African Charter on Human and Peoples’ Rights also stipulates the right to be presumed innocent until proven guilty by a competent court or tribunal. To that extent, therefore, it must be assumed that Bawa is innocent until proven otherwise. Furthermore, section 493 of the Administration of Criminal Justice Act(ACJA) 2015, or section 35 of the Constitution of Nigeria Under the Act, the cumulative lifespan of a remand order is 56 days. Bawa has been in detention for more than 75 days!

A historical review of the past heads of the commission from Nuhu Ribadu to Ibrahim Magu, shows that ‘undue interference’ have always prematurely ended their tenures in office. Unless the detention is political, continued detention without charge, arraignment and bail is what it should be rightly called, draconian! We call on the authorities to obey the rule of law and instruct the DSS to release Bawa immediately.

Lateef Fagbemi, SAN, who stated this when he appeared before the Senate to answer questions on what he planned to do if President Bola Tinubu makes him Minister of Justice and Attorney General of the Federation, advocated the unbundling of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other Financial Crimes Commission (ICPC). He also faulted the Department of State Services’ handling of graft cases. Now that he is at the helm of affairs as the Attorney General, it is time to walk the talk. And one good way is to free Bawa on bail for starters!