Falana who earlier called for Bawa's release again on Sunday asked the Tinubu government and the DSS to respect the rights of the suspended chairman of the anti-corruption body, EFCC.
Human rights lawyer, Femi Falana (SAN) has called for the immediate release of the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa who is being detained by the State Security Service (SSS), also known as the Department of State Services (DSS).
In June, President Bola Tinubu suspended Bawa indefinitely as the EFCC chairman.
According to a release from the presidency, Bawa’s suspension is “to allow for proper investigation into his conduct while in office. This follows weighty allegations of abuse of office levelled against him.
Falana who earlier called for Bawa's release again on Sunday asked the Tinubu government and the DSS to respect the rights of the suspended chairman of the anti-corruption body, EFCC.
In a statement issued on Sunday, Falana said, "Indeed, under the Administration of Criminal Justice Act, the cumulative lifespan of a remand order is 56 days.
"Therefore, having exceeded the detention period permitted by the Administration of Criminal Justice Act and the Constitution of Nigeria, the State Security Service should be directed to release Mr. Abdulrasheed Bawa from illegal custody without any further delay."
In addition, the Senior Advocate of Nigeria also asked that the rights of the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele should be respected by the DSS and the Director of Public Prosecutions in the Federal Ministry of Justice.
Also in June, Tinubu suspended Emefiele following "the ongoing investigation of his office and the planned reforms in the financial sector of the economy".
Emefiele was detained by the DSS shortly after his suspension and it took a court order and pressure from Nigerians for the secret police to charge him for illegal possession of firearms and ammunition, a charge that has been withdrawn by the government.
The government has however filed fresh charges related to alleged procurement fraud against Emefiele.
According to Falana, the rights of Emefiele and Bawa should be respected "even though the duo had a penchant for disobeying the orders of the courts when they were in office".
Falana said, "Sometime last month, I had cause to demand the immediate release of Mr. Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria and Mr. Abdulrasheed Bawa, the suspended Chairman of the Economic and Financial Crimes Commission from the custody of the State Security Service.
"In the alternative, I requested the Federal Government to charge the two detained suspects before a court of competent jurisdiction, if there was evidence that they had committed criminal offences.
"It is public knowledge that Mr. Emefiele was recently charged with illegal possession of firearms before the Lagos Judicial Division of the Federal High Court. Even though he was granted bail, the State Security Service treated the order of the Court with contempt.
"As the violent invasion of the court coupled with the disobedience of the order of the Court by officials of the State Security Service could not be justified, the Federal Government decided to withdraw the charge of illegal possession of firearms. The case was accordingly struck out by the court while Mr. Emefiele was charged with some economic crimes at the Abuja Judicial Division of the Federal High Court.
"However, in view of the fact that Mr. Abdulrasheed Bawa has not been charged with any criminal offence whatsoever, the State Security Service ought to have released him from custody. I am not unaware of the claim that Mr. Bawa is being detained on the basis of a remand order issued by a Magistrate Court in the Federal Capital Territory.
"It ought to be pointed out that the remand order has become spent, invalid and illegal as no magistrate has the power under section 493 of the Administration of Criminal Justice Act, 2015 or section 35 of the Constitution of Nigeria to authorise the detention of a criminal suspect for 67 days without trial.
"The Federal Government should ensure that the rights of Messrs Emefiele and Bawa are respected by the State Security Service and the office of the Director of Public Prosecution in the Federal Ministry of Justice, even though the duo had a penchant for disobeying the orders of the courts, when they were in office.
"The plight of both suspects should be a lesson for all public officers in Nigeria who always behave as if there will be no tomorrow. However, the Government which rules by law is under a legal obligation not to breach the fundamental rights of citizens except in a manner prescribed by the Constitution of Nigeria."