EFCC: 35-day detention of BUK student raises fresh concerns over abuse of power

Allegations of Prolonged Detention and Judicial Delay

The prolonged detention of Maryam Isah Shehu, a final-year student of Bayero University, Kano (BUK), by the Economic and Financial Crimes Commission (EFCC) has raised fresh concerns over alleged abuse of power. The situation has prompted urgent calls for the Attorney-General of the Federation (AGF) to intervene and ensure the student's legal rights are protected under the law.

The EFCC filed a one-count charge against Shehu barely 24 hours after public concerns were raised regarding her 35-day stay in custody. Critics have questioned why the anti-graft agency required over a month to file a single-count charge arising from a social media publication, suggesting the timing was a response to mounting pressure rather than a standard legal process.

Questions Over Independent Investigation

Shehu was reportedly arrested after making allegations of corruption involving an EFCC Zonal Director. However, observers have pointed out a lack of transparency regarding whether the Commission independently investigated the claims against its own official. Instead of a public account of such an inquiry, the focus shifted to the arrest and detention of the accuser.

The EFCC's formal charge accuses Shehu of intending to tarnish the reputation of the Commission. Conversely, critics argue that the circumstances of her prolonged detention and the repeated refusal of bail may have more significant negative implications for the agency's public standing than the original social media post.

A charge filed after 35 days cannot retrospectively legalise or justify the prolonged detention that preceded it.

— Critics, Stakeholders and Observers

Due Process and Human Rights Concerns

A major point of contention is the allegation that Shehu was served with the charge on the eve of her arraignment. Legal experts suggest this provides her defense team with insufficient time to prepare for proceedings or to properly argue for a bail application. This perceived procedural hurdle has led to accusations that the agency is facilitating delay rather than justice.

Having created that delay, the EFCC ought not to rely on procedural timelines of its own making to oppose an urgent bail application.

— Critics, Stakeholders and Observers

The controversy also touches on Nigeria’s international obligations. As a signatory to various human rights instruments, Nigeria is bound by the principle of pacta sunt servanda—the idea that international agreements must be honored in good faith. The conduct of state institutions like the EFCC is subject to scrutiny beyond domestic borders, particularly concerning cases of prolonged detention without trial.

Calls for Intervention by the Attorney-General

There are growing demands for the Attorney-General of the Federation to conduct a comprehensive review of the case. Stakeholders warn that if allegations of power abuse by law enforcement are not addressed, it could further erode public confidence in the institutions tasked with upholding the rule of law.

The Attorney-General of the Federation, as the Chief Law Officer of the Federation, must urgently review this matter.

— Critics, Stakeholders and Observers

The case has reignited the national debate over the protection of whistleblowers and citizens who challenge public officials. Advocacy groups maintain that the law must protect accusers during investigations to ensure that making an allegation does not automatically lead to punitive detention. Stakeholders continue to monitor the court's response to the student's bail application and the transparency of the investigation into the underlying corruption claims.