By Eric Elezuo

On February 16, 2021, former President Muhammadu Buhari made a basic change from the norms, when he named 41-year-old Abdulrasheed Bawa as the fourth chairman of Economic and Financial Crimes Commission (EFCC) following the corruption allegations levelled against his embattled predecessor, ex-acting EFCC chair, Ibrahim Magu, which led to his subsequent suspension.

The EFCC, which was established in the early 2000s during the administration of the then President Olusegun Obasanjo to combat economic and financial crimes like advance fee fraud (419), money laundering, terrorism financing and miscellaneous offences, was believed to have a new life with the coming of Bawa. But no one envisaged that Bawa, the crime and criminality hunter, will turn around to become the hunted.

Few weeks after his inauguration as President, Bola Tinubu approved the indefinite suspension from office of Bawa as the Chairman of EFCC, citing space to allow for proper investigation into his conduct while in office as excuse.

The new government had claimed that Bawa’s suspension was as a result of weighty allegations of abuse of office levelled against him by some stakeholders in the anti-corruption fight. The stakeholders however, have remained nameless till date except for the Department of State Services (DSS), which has held him incommunicado ever since, the court pronouncement notwithstanding.

Bawa was directed to immediately hand over the affairs of his office to the Director, Operations in the Commission, who will oversee the affairs of the Office of the Chairman of the Commission pending the conclusion of the investigation. But four months after, the man is still incarcerated.

In one of his articles, Constitutional lawyer, Mike Ozekhome, queried the rational behind Bawa’s continuous incarceration, noting that “section 35 of the 1999 Constitution, as amended, provides for only one day (24 hours) incarceration when there is a court of competent jurisdiction within a radius of forty kilometers from the Police Station; and where there is no court within a 40-kilometers radius from the station, the time is a period of 2 days (48 hours); or any longer period which the court considers reasonable given the particular circumstances of the case. See the case of AMOS & ORS V. DANIEL & ORS (2023) LPELR – 60454 (CA). The DSS, through its Director of Information, Willie Bassey, cited “weighty allegations of abuse of office levelled against him”, as the reason for Bawa’s continued captivity. This continued detention without trial is barbaric, atrocious and unconscionable, to say the least. Are we still living in the early caveman Australopithecus era? I do not know. Or, do you?

He added, “Till date, the DSS has not told Nigerians what Bawa’s specific offences are (if any), or the level of “investigation”. Investigation? Mtchew! Even if he committed some infractions of the law, can illegality beget legality? Can two wrongs make a right? Can the DSS continue to be the accuser, arrester, detainer, investigator, prosecutor and the Judge? What is going on here? The last time I checked, even amongst mad people, there is orderliness. DSS, for God’s sake, and for the sake of decency and our constitutional democracy, release Bawa immediately and forthwith.”

Bawa’s continous incarceration has become a pointer to the theory of illegal detention perpetrated by governments in power against oppositions or anyone perceived to have withheld loyalty to them whether for good or bad.

Bawa, a loyalist of the immediate past president, Buhari, is alleged to have worked against the emergence of the incumbent president, especially given the role he played during the naira redesign era, his imbroglio with the ousted governor of Zamfara State, who is presently the Minister of Defence, Bello Matawalle over $2 million bribe and accusations of levelled against sponsors of banditry in the country.

Matawalle has accused the EFCC boss of demanding a $2 million bribe from him following a case of corruption leveled against the governor, an allegation the Bawa denied.

Recall that the embattled governor, who lost his bid to return to office for second term, was being investigated by the anti-corruption agency for allegedly pocketing N70 billion from the Zamfara State government coffers. An amount said to have been borrowed supposedly for projects in the state

The EFCC said the former governor allegedly siphoned Zamfara’s funds sourced as a loan from an old-generation bank purportedly for the execution of projects in local governments in the state. Bawa’s EFCC said the governor used proxies who posed as contractors for the projects and got paid, but did not execute the projects.

The matter took a twist when the governor revealed that the boss of the anti-corruption agency, was demanding a whopping amount of $2 million to let him off the hook

Matawalle, in an interview with BBC Hausa on accused Bawa, of asking for the bribe, adding that the EFCC boss, who according to him, is not an honest person, was only busy targeting governors while turning a blind eye to federal officers with budgetary allocations.

“It is not just to always blame governors. It is not only governors who have treasury, the federal government also has. What does the EFCC boss do to them? As he is claiming he has evidence on governors, let him show the world evidence of those at the federal level.

“If he exits office, people will surely know he is not an honest person. I have evidence against him. Let him vacate the office, I am telling you within 10 seconds probably more than 200 people will bring evidence of bribes he collected from them. He knows what he requested from me but I declined.

“He requested a bribe of two million dollars from me and I have evidence of this. He knows the house we met, he invited me and told me the conditions. He told me governors were going to his office but I did not. If I don’t have evidence, I won’t say this,” Matawalle had told the BBC.

However, in a swift response, Bawa denied the allegation through a statement signed by the Commission’s spokesperson, Wilson Uwujaren, and dared the governor to provide evidence to back his claim. Mr Uwujaren said the commission will not be drawn into a mud fight with a suspect under investigation for corruption and unconscionable pillage of the resources of his state.

Today, Matawalle is a Minister while Bawa is a prisoner without trial. It is obvious who the government of the day aligned with.

Matawalle, though a member of the ruling All Progressives Congress (APC), had accused the government of Buhari of using the military to rig the Zamfara governorship election for the opposition Peoples Democratic Party (PDP), the same Tinubu had accused Buhari and Emefiele of engaging in naira redesign to frustrate his ambition.

Bawa has had his fair share of scandals while in office. In November, 2022, he was convicted by Federal High Court, sitting in Abuja, presided over by Justice Chizoba Oji, and ordered to be committed to Kuje correctional facility.

He was convicted for contempt of court in relation to EFCC’s failure to comply with an earlier order of the court made on November 21 2018, directing the Commission to return to an applicant his Range Rover (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira).

Agai, in February 2023, Bawa was jailed by the Kogi State High Court in Lokoja for disobeying its order.

The court also directed the Inspector General of Police to arrest Bawa and remand him in Kuje prison, Abuja, for the next 14 days.

The judge, Rukayat Ayoola, ordered that Bawa be detained in prison “until he purges himself of the contempt”, meaning until he clears himself of the contempt for which he was jailed.

It is not clear if these allegations are what the DSS are investigating or someone is hiding something from the public.

There are possibilities that Bawa may shown some infractions against Tinubu and his assets while in office to warrant his use of scapegoat in the administration.

He had followed up allegations of six Nigerians sponsoring terrorism by the United Arab Emirates. The Nigerians on the UAE’s terrorism were listed as Abdurrahaman Ado Musa, Salihu Yusuf Adamu, Bashir Ali Yusuf, Muhammed Ibrahim Isa, Ibrahim Ali Alhassan and Surajo Abubakar Muhammad.

Also in March 2021, former presidential aide, Garba Shehu, had said the Nigerian Government arrested 400 Bureau De Change operators for allegedly funding Boko Haram insurgency in the country.

However, while on national television during a live interview, Bawa refused to mention names if terror sponsors, giving the impression that they were different from the one mentioned by UAE.

“If you are my adviser, will you advise me to come on national television to tell the whole world regarding matters of sensitive national security issue? Certainly, not. But what I want to assure is the fact that we are working tirelessly with other sister agencies to ensure that this country is free of terrorism,” he said, promising that their names will be revealed at the right time.

This was even as a former Navy Commodore, Kunle Olawunmi, said that Boko Haram terrorists mentioned names of then serving governors, senators and Aso Rock officials. Those have remained unknown till date, and Bawa, who likely knows better, has remained in detention.

It will also be recalled that Last a former deputy governor of the Central Bank of Nigeria, Obadiah Mailafia, also claimed that a then serving northern governor was a Boko Haram leader and moneybag. Obadiah died shortly after the pronouncement.

Bawa’s continuous detention is a proof of how the rule of law in Nigeria has suffered so much distortion, as brazen disobedience to Court orders has become the order of the day.

“If Governments treat court order with levity and contempt, the confidence of the citizen in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law,” Late Justice Mohammed Lawal Uwais had warned.

As at today, the crime hunter is still caged with little or no judiciary reference.