ABUJA, Nigeria — Abdulrasheed Bawa, the immediate past chairman of the Economic and Financial Crimes Commission, EFCC, marked his 40th day in custody of the State Security Service, SSS, on Sunday, July 23, 2023, with no specific charges made public, sparking an outcry among legal experts and advocates for constitutional rights.
The SSS arrested Bawa on June 14, 2023, hours after President Bola Tinubu suspended him as the EFCC chair.
Since his arrest, the former anti-corruption czar has been held at the SSS detention facility in Abuja, popularly known as “Yellow House.”
His suspension was announced by the Director of Information, Office of the Secretary to the Government of the Federation, Willie Bassey, who cited “weighty allegations of abuse of office.”
However, no detailed charges have been released.
Bawa’s protracted detention, uncharged and untried, is garnering widespread condemnation.
Speaking to journalists, Dayo Akinlaja, a Senior Advocate of Nigeria (SAN), described the prolonged detention without trial as against the spirit of the constitution.
“There is no disputing the fact that any long detention without arraignment in court is against the spirit of the constitution. To that extent, it is expected that he should be charged to court or otherwise released,” the senior advocate stated.
Several other lawyers and experts have voiced similar concerns, stating that the situation betrays the tenets of a constitutional state and, if unchecked, could lead to a crisis in the criminal justice system.
Pelumi Olajengbesi, an Abuja-based human rights lawyer, denounced Bawa’s detention as “unconstitutional,” and demanded the SSS either release him or bring him to court to face the charges.
Security sector reform expert, Chukwuma Ume, criticized the dated tactics used by law enforcement, saying, “Having said that it is a failure of our law enforcement agencies, it is also important to say that it is a demonstration of naked power.”
Bawa’s arrest was reportedly connected to a cash crunch that affected the country earlier this year and a conflict with former Zamfara State Governor, Bello Matawalle.
However, the specifics of his alleged infractions remain unclear.
The mounting outcry underscores a growing crisis of confidence in Nigeria’s security agencies and has brought renewed attention to the importance of due process and the rule of law.
