Abdulrasheed Bawa: DSS Sued For Alleged Illegal Detention
A fundamental human rights enforcement suit against
the Director-General of the Department of State Security (DSS), over the alleged
unlawful and continuous detention of Mr. Abdulrasheed Bawa, the suspended
Chairman of the Economic and Financial Crimes Commission (EFCC) has been by Barrister
Nkereuwem Mark Anana.
Anana in his
suit numbered FHC/L/CS/1631/2023, listed the Department of State Security (DSS)
and the Attorney-General of the Federation (AGF), as second and third
respondents.
The lawyer said the suit is premised on Fundamental Rights Enforcement (Civil Procedure)
Rules 2009, Section 46(3) of the Constitution Of The Federal Government of
Nigeria; African Charter on Human and Peoples’ Rights, and Under the
court’s Jurisdiction.
Anana, a
former EFCC prosecutor, is asking the court for the following reliefs: “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.
“An order of
the Court mandating the immediate release of Abdulrasheed Bawa from the first
and second respondents’ detention.
“An order of
the Court granting Mr Abdulrasheed 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.
“The sum of
N100 million, as damages against the first and second respondents.”
The lawyer
in an affidavit deposed to by his Litigation Secretary, Mkpoufo Sunday Edet,
stated that Abdulrasheed Bawa is the immediate past Chairman of the EFCC has
been in the 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.
The deponent
stated that to date the said Bawa has been in the custody of the first and
second respondents without bail. Adding that his fundamental right to freedom
of movement has been trampled upon.
Edet further
stated that the continuous incarceration of the said Bawa is against the
Constitution of the Federal Republic of Nigeria 1999, African Charter of Human and
People Rights. And that Nigeria is not a police state where the whims and
caprices of the police prevail against the rule of law.
The deponent
averred that the application is seeking an order of this Honourable Court to
stop the first and second respondents from arresting, harassing, detaining and
continuous detention of Abdulrasheed Bawa and to release him henceforth.
The deponent
while stating that the deposition he made in the affidavit was in good faith,
truth and correct, and in accordance with the Oaths Act, urged the court to
grant the application in the interest of justice.
While no
date has been fixed for hearing the suit, none of the respondents has filed any
counter to the suit.
The Suspended
EFCC Boss, Abdulrasheed Bawa has been in detention since June 14, 2023, when he
was arrested by the operatives of the Department of State Security (DSS).
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