A fundamental rights enforcement suit has been instituted against the Director-General of the Department of State Security (DSS) over the alleged unlawful and continuous detention of the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Abdulrasheed Bawa.
The legal offensive, which was filed before a Federal High Court, Ikoyi, Lagos, was initiated by a former EFCC prosecutor, Nkereuwem Mark Anana.
Recall that Bawa had been kept in detention since June 14, 2023, when he was arrested by the operatives of the DSS.
In his suit designated FHC/L/CS/1631/2023, Anana listed the DSS and the Attorney-General of the Federation (AGF), as second and third respondents.
According to the lawyer, the legal action 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 inherent jurisdiction.
Anana is therefore praying to the court for, “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 on 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 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 on 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 to bail.
“The sum of N100 million, as damages against the first and second respondents”.
Meanwhile, as of the time of filing this report, no date has been fixed for hearing of the suit, and none of the respondents has filed any counter to the suit.
