A former prosecutor of the Economic and Financial Crimes Commission (EFCC), Nkereuwem Anana, has urged the Federal High Court in Lagos to order the immediate release of the suspended Chairman of the Commission, Abdulrasheed Bawa, from the custody of the Department of State Security (DSS).
Anana also asked the court to order the federal government to pay Bawa N100 million as compensation for his alleged unlawful and continuous detention by the DSS.
The lawyer made the demands in a fundamental rights enforcement suit he filed on behalf of the suspended EFCC Chairman against the Director-General of the (DSS) , the Attorney-General of the Federation, and the Minister of Justice.
Bawa has been in detention since June 14, 2023, when he was arrested by the operatives of the Department of State Security (DSS).
Anana, in his suit numbered FHC/L/CS/1631/2023, which is yet to be assigned to a judge, is seeking an order from the court mandating the immediate release of Abdulrasheed Bawa from the first and second respondents’ detention.
The lawyer is also asking the court for an order granting Bawa bail on liberal terms or an order mandating the respondents to produce him before the court to show cause why he should not be admitted bail.
He maintained that the suit is premised on the 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.
The applicant is further praying to the court for the following reliefs: “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 of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 2004. ‘’
The applicant further insisted that the continuous incarceration of Bawa is against the Constitution of the Federal Republic of Nigeria 1999, African Charter of Human and People Rights. And that Nigeria is not a police state where the whims and caprices of the police prevail against the rule of law.
No date has been fixed for hearing of the suit, and none of the respondents have filed any counter to the suit.
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