Court To Entertain Bawa’s Rights Suit Against DSS, Others October 9

A Federal High Court, Ikoyi, Lagos, presided over by Justice Akintayo Aluko, has fixed October 9, 2013, to entertain the fundamental rights enforcement suit instituted by a lawyer, Nkereuwem Mark Anana, on behalf of the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, against the Director-General (DG) of the Department of State Service (DSS) and two others.

The judge arrived at the decision sequel to a request by Anana, who informed the court that he needed to respond to the preliminary objection filed by the DSS boss.

Anana further prayed to the court to strike out the name of the third respondent, AGF, from the suit, a request which was granted by the judge.

According to the suit, Anana, a former EFCC prosecutor had asked 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 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”.

Anana had told the court that the suit was pursuant to Fundamental Rights Enforcement (Civil Procedure) Rules 2009, Section 46(3) of the Constitution of the Federal Republic of Nigeria; African Charter on Human and Peoples’ Rights, and under the court’s inherent jurisdiction.

But the DSS and its DG, in their preliminary objection filed by their lawyer, Michael Bajela, are asking the court to dismiss them for being vexatious and abuse of court process.

Both the DSS and its DG also asked the court to award the cost of N200 million against the lawyer as general damages.

According to the respondents, their preliminary objection was pursuant to Section 46 (1)(2) of the 1999 Constitution (as amended); Order 29 rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2019 and under the court’s inherent jurisdiction.

The respondents listed five grounds in support of their preliminary objection and stated that “The applicant is a meddlesome interloper without locus standi to institute this action against them.

“That the Federal High Court, Lagos, lacks the territorial jurisdiction to hear and entertain the suit, as there is a Federal High Court in Abuja, the Federal Capital Territory.

“That there is no reasonable cause of action disclosed against them.

“That the actions of the applicant amount to forum shopping and therefore an abuse of the processes of this Honourable Court.

“That the applicant does not have the mandate, authority and for or from anybody to institute the action”.

The respondents supported their application with a 12 paragraph-affidavit deposed to by one Joshua Babalola, a DSS operative.

Recall that the suspended Chairman of the EFCC, Bawa, had been in detention since June 14, 2023, when he was arrested by the DSS.

Neither was he charged to court nor granted administrative bail.

Specifically, Anana had dragged the DSS boss, alongside the Attorney-General of the Federation (AGF) before the court for allegedly trampling upon the fundamental rights of the embattled chairman of the EFCC, in a suit designated FHC/L/CS/1631/2023.