A Lawyer , Nkereuwem Anana, has instituted a fundamental right enforcement suit against Director-General of the Department of State Services (DSS) over alleged unlawful and continued detention of suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa.
   
Bawa has been in custody since June 14 this year, when he was arrested by the secret police. Anana, in his suit, marked FHC/L/CS/1631/2023, listed the DG, DSS and Attorney-General of the Federation (AGF) as first to third respondents.
 
The plaintiff said the case is premised on Fundamental Rights Enforcement (Civil Procedure) Rules 2009; Section 46(3) of the 1999 Constitution (as amended); 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 his affidavit deposed to by his litigation secretary, Mkpoufo Sunday Edet, the plaintiff stated that Bawa has been in the custody of the first and second respondents without bail, adding that his fundamental right to freedom of movement had been trampled upon. 
 
No date has been fixed for hearing of the suit, even as none of the respondents had filed any counter response.