Life And People
The Continuous Detention Of Obi Cubana Is Illegal -By Festus Ogun
Section 35 of the 1999 Constitution provides that a person accused of committing a crime cannot be detained beyond 24 or 48 hours, as the case may be. EFCC lacks the power, right and authority to continue holding grip on Obi Cubana beyond the contemplation of law.
The continuous detention of Obinna Iyiegbu aka Obi Cabana by the Economic and Financial Crimes Commission (EFCC) has now become a serious case of illegality and human rights violations.
It will be recalled that two days after his arrest, the EFCC said, inter alia, that “he will be released when he has satisfactorily responded to all questions relating to his involvement in various illegal deals.” This vague condition of his release has no legal basis and is likely to jeopardize the fundamental liberty of Obi Cubana.
Section 35 of the 1999 Constitution provides that a person accused of committing a crime cannot be detained beyond 24 or 48 hours, as the case may be. EFCC lacks the power, right and authority to continue holding grip on Obi Cubana beyond the contemplation of law.
EFCC appears to be hiding under the pretext of interrogations to detain Obi Cubana for as long as it wishes – a perilous narrative that exposes Cubana’s human rights to danger. While it is trite that the EFCC has a statutory mandate to fight corruption, it cannot do so outside the confines of the law. Those enforcing the law should never be found breaching same. That will be outrightly overreaching.
The EFCC is hereby urged to either charge Obi Cubana to court or release him immediately. Any interrogation, arrest or detention that extends beyond the period contemplated by law is manifestly illegal.
FESTUS OGUN, ESQ
Lagos
