Law
Bawa: CASER asks AGF Fagbemi to stop DSS’s continued detention of Ex-EFCC Chairman
The Citizens Advocacy for Social and Economic Rights (CASER) has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi SAN, to stop the Department of State Services (DSS) from perpetually keeping the suspended Chairman of the Economic and Financial Crimes Commission (EFCC) in detention.
The group described his continued detention as an abuse of political power by the federal government.
Frank Tietie, Executive Director and Lead Advocate of CASER, in a letter to the AGF, a copy of which was made available to the National Update, said the development as illegal.
Recall that Bawa had turned himself in at the DSS facility in June after he was suspended by President Bola Tinubu.
Before his suspension, he had said the anti-graft agency was tracking the former Governor of Zamfara State Bello Matawalle over allegations of diverting public funds to the tune of N70 billion.
The ex-governor had equally replied to Bawa, accusing him of seeking $2 million bribe for his investigation to be stepped down.
Matawalle is now the Minister of State, Defense, while Bawa is still being detained with no reported formal charge instituted against him in any court of competent jurisdiction as of the time of this report.
It was gathered that a detention order was obtained from a court to keep Bawa,, and he has spent about 2 months with no arraignment or freedom.
Tietie stated that as a responsible civil society organization that has worked closely with the Nigerian government to promote human rights and good governance, Bawa’s detention by the DSS is unjustifiable and can only be described as a persecution.
“Thus, Bawa was suspended by President Bola Ahmed Tinubu without any cogent reason, arrested by the Department of State Services (DSS) and has been illegally detained without any charges for more than 65 days and counting, clearly beyond the time and period allowed by the Nigerian Constitution.
“This is unacceptable and clearly smacks of political vindictiveness that is antithetical to the fight against acts of corruption and financial crimes by politically exposed persons (PEPs), many of whom were being investigated by the EFCC under Bawa’s watch but have now been rewarded with more fabulous political appointments.
“At the same time, Bawa is kept in illegal detention without being charged to court. What an ironyi!,”he wrote.
While congratulating Lateef on his inauguration as AGF, he urged him to use his position to stop the continued detention of Bawa.
The letter reads further, “We at CASER have long waited in solid anticipation for the appointment of an Attorney General of the Federation to provide a sense of legal sanity in the Nigerian law enforcement environment, which has had a reputation for disregard for basic human rights standards and utter disrespect for a legal order that guarantees the peace, good governance and steady development of Nigeria.
”Who, therefore, does the continued detention of Bawa serve? Is it to protect politicians who should have been facing prosecution for corruption and abuse of office but have now been elevated to high political office?
“This ongoing violation of Bawa’s fundamental human rights by President Tinubu’s administration is not only pushing the limits in competition with the previous administration of President Buhari, which was characteristically disobedient to court orders and cared less about the constitutional rights of individual citizens of Nigeria, but this administration is beginning on a note of vindictive oppression, repression and violation of the rights of perceived political enemies like Bawa, who was reported to have approved the Naira redesign that threatened the election of President Tinubu.
“Yet, he was only doing his job with the implied permission of then-President Buhari. Why then unjustly punish him out of no fault of his?
“These illegal and oppressive actions by the Federal Government against Abdulrasheed Bawa amount to a clear abuse of political power and misuse of state institutions like the DSS to unjustly detain and politically harass a Nigerian citizen they are meant to protect. And officials of the Federal Government do not know by now that what is being done to Bawa is wrong and that it may soon haunt them one day whether or not they are in public office if not checked and corrected, we trust that you should know because of your position as Attorney General of the Federation and your pedigree as a Senior Advocate of Nigeria, that there are usual highly negative and regrettable social, political and economic implications for a country like Nigeria when it is constantly perceived by its own citizens and the rest of the world that it does not guarantee a legal order that respects the rights of its citizens and an environment where local and foreign businesses can thrive with certainty.
“Consequently, we urge you to order the immediate release of Abulrasheed Bawa to end the current DSS’s reckless disregard for his rights. We make this demand in the public interest because we worry significantly that if the rights of highly placed persons like Bawa could be violated with impunity and crass disregard for known constitutional standards, what would then become of the rights of ordinary Nigerians?
“These forms of injustice must never happen under your watch and advice as the Federation’s chief law officer in exercising your powers in the public interest. Therefore, we are quick to remind you as observers of history and to note with the greatest respect and caution that when temporal justice is twisted by its custodians, retributive justice will one day prevail.”
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
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