Some Nigerians have raised concerns over the economic and financial crimes Commission (Efcc) 'abuse of law under the concept of holding charge

Some Nigerians have raised concerns over the Economic and Financial Crimes Commission (EFCC)’s abuse of the law under the concept of ‘holding charge’ to keep corruption suspects beyond the time stipulated by law. The EFCC has often been accused of detaining suspects indefinitely without formal charge. But most times, the commission obtains remands from different courts or different jurisdictions to avoid breaching the constitution.  Section 35 (3) of the 1999 Constitution provides that “any person who is arrested or detained shall be informed in writing within 24 hours (and in a language that he understands) of the facts and grounds for his arrest or detention.” Sub-section 4 (a) and (b) provides for commencement of trial within two months or three months depending on the nature of the case. Sections 293 to 296 of the Administration of the Criminal Justice Act (ACJA, 2015) provides that a remand obtained from court can be valid for 14 days and renewable for another 14 days-if the authority shows ‘good cause.’ But the EFCC has been accused of circumventing these legal requirements by obtaining different remand after the expiration of the previous one to keep on holding a suspect on the pretext of non-conclusion of investigation and trial. At the beginning of the charges of N4.9bn fraud against former Director of Media and Publicity of the Peoples Democratic Party (PDP), Femi Fani Kayode, the EFCC arrested him and obtained warrant from a magistrate’s court in Abuja to keep him from May 9 until the expiration of that warrant. He was then moved Read more at http://www.dailytrust.com.ng/news/law/how-efcc-abuses-holding-charge/177803.html#d4fxoHz9CcthpbMD.99