By Oji Odu
The Federal High Court, Abuja has ordered the Department of State Services (DSS) to release Human Rights Activist and convener of #RevolutionNow protest, Omoyele Sowore from its custody after being detained for 52 days without bail.
Denying DSS application to further hold Sowore for 20 days, Justice Taiwo Taiwo ordered the release on the grounds that there is no order still in court and, on the condition that he must deposit all travel documents within 48 hours of the ruling.
He also ordered that Sowore’s lawyer, Femi Falana, must produce him whenever the court needs him. Earlier, Socio-Economic Rights and Accountability Project (SERAP), had urged the Attorney General and Minister of Justice, Abubakar Malami (SAN), to enter a nolle prosequi to terminate the charges filed against the convener of #RevolutionNow protest, Omoyele Sowore, and Olawale Bakare.
In a letter by the group’s Deputy Director, Kolawole Oludare, SERAP urged the AGF to save the nations judiciary from further embarrassment and disrespect by dropping the charges which centre on insulting President Muhammadu Buhari because it would further make a mockery of the Nigerian criminal justice system.
SERAP advised Malami to activate his power of nolle prosequi under Section 174 of the constitution to terminate the charges against Sowore and Mandate “and, several other similar trumped-up cases going on in several states.
“Sowore’s case and several similar cases instigated/brought by state governors make a hideous mockery of Nigeria’s criminal justice system, rule of law, freedom of expression and media freedom.
“These cases are persecution and not prosecution. As a guardian of the public interest, you (Malami) have a role to end this travesty now, and to maintain the sanctity and integrity of Nigeria’s justice system.
“These cases set a dangerous precedent for the misuse and subversion of the justice system, which may lead to the politicisation of the judiciary. This will be bad for everyone – ordinary citizens, journalists and even the politicians in power, as they may themselves become targets of these repressive and abusive tactics when they are out of power/imposition”, the anti-graft and human rights group stated. The group, however, opines that while the Federal Government has the right to prosecute and prevent criminal offences, it is also duty bound to do so as laid down by the laws of the land.
SERAP’s call comes on the heels of the beginning of the legal process against Sowore, today, September 24, 2019.
He has been charged with treason, money laundering and “insulting the President”, a charge many insist is laughable, and which can only obtain in an autocratic system.
Sowore has been in detention without trial or bail for 52 days. Lending its voice, the Yoruba Solidarity Forum (YSF) has urged the Federal Government to drop all charges against Omoyele Sowore and release him immediately.
Olajde Odumosu, who is the group’s Publicity Secretary, described the detention and trial of Sowore as a dangerous precedent and subversion of Nigeria’s judicial system. He said that the DSS did not act in line with the constitution. Urging all Yoruba leaders to speak up against Sowore’s prolonged detention, Odumosu said they should not abandon the activist alone at this critical period. “Nigerians are entitled to express their feelings. They should give him bail, he is entitled to temporary freedom.
“What Sowore did through the botched protest was to express the feelings of Nigerians and in as much as the protest was peaceful and violent-free, there is no point putting him behind bars for that long period of time. It is time for our leaders to learn to be accommodating.
It is time for our political class to learn about the best way to handle varying views, especially, that of the opposition.“Democracy thrives when opposition’s views are accommodated and handled maturely. So, President Buhari must doff the robe of a former military man and put on an attire of a democrat.
We are not in a military regime where peoples’ rights to freedom and other fundamental human rights were alien.“Nigeria is a democratic republic, therefore, unlawful detention of people can lead to further crisis and the government must try as much as possible to avoid this by listening to the cries of Nigerians”.
The Source Magazine’s findings reveal that some of those against Sowore’s detention by the Buhari government fear that history may be repeating itself as the case is similar to the late Chief Obafemi Awolowo’s case in the 1960s. Awolowo (Yoruba) and a leader of opposition Action Group (AG) in the federal parliament was arrested, detained, by Abubakar Tafawa Balewa, then Prime Minister of Nigeria.
Awolowo was charged along with others with treasonable felony and was jailed 10 years. Nigeria, under President Buhari, charged Sowore (Yoruba) with treason. As Sowore goes to court, the outcome of the case is somewhat predictable.
Will Buhari appoint an Egba man (from Abeokuta) as presiding judge to handle Sowore’s case like Justice Sowemimo (Egba man) from Abeokuta was the judge who tried Awolowo? Awo was not granted bail during his trial same way as Sowore was denied bail during proceedings of his case.
Leonard Ezenwa, the expelled former treasurer and secretary of AAC, will be the government’s chief witness against Sowore.
