PRESS RELEASE

On Monday 6 July 2020 it was widely reported that the now suspended Acting Chairman of EFCC, Mr Ibrahim Magu, was arrested and taken before the Mr Ayo Salami-led Panel of Inquiry set up by President Muhammadu Buhari to investigate a number of allegations raised against him.

As of Sunday 12 July, 2020 Magu was reported to still be in detention whilst the investigation of the allegations made against him continued.

Although the allegations made against Magu are said to be documented and boarder on serious economic crimes and abuse of office, that does  not mean that he has lost his constitutional rights.

Amidst the cacophony of allegations of serious crimes made against Magu, the law of Nigeria still speaks the same language which is expressed in section 35 of the Constitution of the Federal Republic of Nigeria which provides to the effect that every person who is arrested or detained upon reasonable suspicion of his having committed a criminal offence shall be brought before a court of law within a period of 24 hours in the case of an arrest in a place where there is a court of competent jurisdiction within a radius of 40 kilometers otherwise he ought to be released on bail.

It cannot be said that there is no court of competent jurisdiction within a radius of 40 kilometers within Abuja where Magu was arrested.

While it may be argued that the EFCC which Magu hitherto headed was notorious for ignoring this constitutional provision in relation to citizens who were arrested under him, the law of karma has no place under our constitutionalism. For these reasons, Magu ought to be released on bail forthwith as otherwise the government would be acting excessively in breach of his rights.

TAYO OYETIBO, SAN, FCIArb, FNIALS