$6b Arms Gate: Suspects’ Rights Not Violated —Falana

Human rights lawyer, Femi Falana, SAN, has said that the rights of suspects arrested in connection with the $6 billion arms scandal have not been violated, insisting they must face trial for crime against humanity.

 

He made this assertion in a statement he issued on Sunday, 6 December.
According to Falana, “last week, some of the principal suspects implicated in the probe of the $2.1 billion and N643 billion arms gate were nabbed by the Economic and Financial Crimes Commission. Pursuant to the ex-parte orders validly issued by the courts the suspects have since been detained for the purpose of investigation.
“But in a desperate move designed to divert the attention of the Nigerian people and the international community from the grave allegations of reckless and criminal diversion of the public funds earmarked for arms procurement to prosecute the war on terror, some reactionary politicians have accused the Buhari administration of engaging in impunity for detaining the suspects beyond 48 hours without trial. In challenging the detention of the suspects by the EFCC a senior lawyer (Mike Ozekhome SAN) was alleged to have said that ‘a magistrate court has no power to issue a holding charge warrant’.
“With respect, the detention of the suspects is in strict compliance with the rule of law. The attention of the “critics” ought to be drawn to sections 293-299 of the Administration of Criminal Justice Act, 2015 (ACJA) which stipulate that a suspect arrested for an offence which a magistrate has no jurisdiction to try, shall within a reasonable time, be brought before a magistrate court for remand. The order which shall be for a period not exceeding 14 days may be further extended provided that if the investigation is not concluded within 28 days the court may summon the appropriate authority to show cause why the suspect should not be unconditionally released.”
Falana also stated that “Suspects who are remanded in custody are at liberty to ask for bail or apply to the appropriate high court to secure the enforcement of their fundamental right to personal liberty. In view of the clear and unambiguous provisions of the law it is misleading to insist that a magistrate court lacks the power to grant the application filed by the EFCC for the detention of the criminal suspects.
“As corruption is already mobilizing to fight back, the Buhari administration should ignore the reckless campaign of calumny of certain people who have lost their sense of shame. As far as they are concerned the suspects should be left alone to enjoy their loot while soldiers are losing their precious lives due to lack of adequate weapons.”
He called on the federal government to ensure that all individuals and corporate bodies indicted in the c