A Lawyer, Nkereuwem Anana, filed a lawsuit against the Director-General of the Department of State Services (DSS)over the alleged unlawful and prolonged detention of Abdulrasheed Bawa, the suspended chairman of the Economic and Financial Crimes Commission (EFCC).
Bawa has been in DSS custody since June 14, 2023, when he was arrested by the secret police. Anana filed a lawsuit against the DSS, the Attorney-General of the Federation (AGF), and the DG of the DSS in the Federal High Court of Nigeria, Lagos Division, with the case number FHC/L/CS/1631/2023.
The plaintiff argued that the case is based on the Fundamental Rights Enforcement (Civil Procedure) Rules 2009, Section 46(3) of the 1999 Constitution of Nigeria (as amended), the African Charter on Human and Peoples’ Rights, and the court’s inherent jurisdiction.
The attorney, a former EFCC prosecutor, is praying the court for: “A declaration that the arrest and continued detention of Abdulrasheed Bawa, former Chairman of the 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 the arrest and continued 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 continued 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,” among others.
In an affidavit sworn to by his litigation secretary, Mkpoufo Sunday Edet, the plaintiff stated that Bawa has been in the custody of the DSS and the AGF without bail since his arrest on June 14, 2023. He argued that Bawa’s fundamental right to freedom of movement had been violated.
The case has not yet been scheduled for a hearing, and none of the respondents have filed a counter-response.