Thursday, October 1, 2026

Sixty-seven days after Bawa’s arrest, SSS should free ex-EFCC boss because court remand warrant has expired: Falana

The SSS should be directed to release Mr Bawa from illegal custody without any further delay.

• August 20, 2023

Sometime last month, I had cause to demand the immediate release of Godwin Emefiele, the suspended governor of the Central Bank of Nigeria, and Abdulrasheed Bawa, the suspended chairman of the Economic and Financial Crimes Commission, from the custody of the State Security Service.

In the alternative, I requested the federal government to charge the two detained suspects before a court of competent jurisdiction, if there was evidence that they had committed criminal offences. It is public knowledge that Mr Emefiele was recently charged with illegal possession of firearms before the Lagos Division of the Federal High Court.

Even though he was granted bail, the SSS treated the order of the court with contempt. As the violent invasion of the court coupled with the disobedience of the order of the court by officials of the State Security Service could not be justified, the federal government decided to withdraw the charge of illegal possession of firearms.

The case was accordingly struck out by the court while Mr Emefiele was charged with some economic crimes at the Abuja Division of the Federal High Court. However, in view of the fact that Mr Bawa has not been charged with any criminal offence whatsoever, the SSS ought to have released him from custody. I am not unaware of the claim that Mr Bawa is being detained on the basis of a remand order issued by a magistrate’s court in the Federal Capital Territory.

It ought to be pointed out that the remand order has become spent, invalid and illegal as no magistrate has the power under section 493 of the Administration of Criminal Justice Act, 2015, or Section 35 of the Constitution of Nigeria to authorise the detention of a criminal suspect for 67 days without trial.

Indeed, under the Administration of Criminal Justice Act, the cumulative lifespan of a remand order is 56 days. Therefore, having exceeded the detention period permitted by the Administration of Criminal Justice Act and the Constitution of Nigeria, the SSS should be directed to release Mr Bawa from illegal custody without any further delay.

The Federal Government should ensure that the rights of Messrs Emefiele and Bawa are respected by the SSS and the Office of the Director of Public Prosecution in the Federal Ministry of Justice, even though the duo had a penchant for disobeying the orders of the courts when they were in office. The plight of both suspects should be a lesson for all public officers in Nigeria who always behave as if there will be no tomorrow. However, the Government which rules by law is under a legal obligation not to breach the fundamental rights of citizens except in a manner prescribed by the Constitution of Nigeria.

Femi Falana
August 20, 2023

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Nigerian Navy

States

Navy rescues two kidnap victims, recovers stolen engines in Akwa Ibom

The commander urged owners of the recovered outboard engines to provide proof of ownership in order to reclaim their property.

NEMA

States

NEMA donates relief materials to Ebonyi flood victims

The governor described the recurring flood disasters in parts of the state as devastating.

Donald Trump

Heading 4

Trump administration revokes over 250,000 visas of foreigners over crimes, immigration violations

The State Department spokesperson said the U.S. was carrying out rigorous visa vetting on a scale never seen before.

Chartered Institute of Directors Nigeria (CIoD)

NationWide

CIoD ‌seeks stronger board leadership amid AI, economic shifts

Mr Nolas-Alausa said the new economy presented both opportunities and responsibilities.

PRESIDENT BOLA AHMED TINUBU

Heading 1

Tinubu extends 2025 budget implementation to December

The extension gives ministries, departments and agencies (MDAs) additional time to complete ongoing capital projects.