By Femi 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 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 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 offense 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. 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.
