The Federal Court High Court in Abuja on Monday ordered the detention of Omoyele Sowore, the publisher of Sahara Reporters, and his co-defendant, Olawale Bakare, in the custody of the Department of State Security Service (DSS). Sowore, convener of #RevolutionNow protests, and presidential candidate of the African Action Congress (AAC) in the February 23 presidential election has been in DSS custody since August 8 despite a September 24 order by Justice Taiwo Taiwo of the same court demanding that he be released following the expiration of an earlier order for his detention for 45 days
Justice Ijeoma Ojukwu ruled that the duo be further detained by the DSS pending the hearing of their bail application on Friday. Sowore was arraigned on a seven-count charge boarding on treasonable felony, cyber-stalking and transfer of illicit funds. He pleaded not guilty to the seven counts when read to him. Defence lawyer, Adeyinka Olumide-Fusika, urged the court to allow Sowore to be allowed to continue with the bail earlier granted him by Justice Taiwo Taiwo. The defence lawyer also pleaded that the second defendant be granted fresh bail.
But the judge said the bail earlier granted Sowore was not predicated on the charges on which he was arraigned on Monday, a fresh bail had to be granted to him. Justice Ojukwu added that if she would have to grant them fresh bail, it had to be based on the formal written formal bail application and not oral. She directed them to file formal bail application and subsequently adjourned hearing till Friday.
Sowore was arrested by the DSS for convening the nationwide protests tagged #RevolutionNow. The Nigerian government filed additional charges against Sowore on Friday, September 20, a day before the completion of the initial 45 days the court allowed the DSS to keep him in custody. The FG brought Sowore, to court for arraignment on a seven count charge bordering on treasonable felony and money laundering..
However when the case was called, counsel to Sowore and Olawale Bakare; Olumide informed the court that lead counsel to the defendants, Femi Falana, had, last week spent the whole day at the DSS Abuja office, where Sowore is being detained for nearly 60 days trying to secure Sowore’s release in line with the court order. As part of the condition for his release, Sowore was ordered to deposit his international passport with the Deputy Registrar of the Federal High Court, Abuja. He was to be released to his lawyer, Falana SAN, who must produce him for trial anytime.
Olumide told the court that though the charge was served on the defendants on September 20, he only saw it this morning through one of the defendants, adding that Falana only called him on Sunday to ask him to stand in for him after he learnt from media reports that the defendants would be arraigned Monday. Olumide speaking further submitted that the defendants were not ready to take their plea because the prosecution was yet to comply with the order of Justice Taiwo on the release of Sowore.
In a related development, the National Human Rights Commission (NHRC) has expressed the need for government agencies to abide by the rule of law and refrain from disobeying court orders and judgments. The NHRC Executive Secretary, Tony Ojukwu, gave the charge while reacting to the continued detention of Sowore by DSS despite a court order for his release.
“The rule of law must be observed by all government institutions at all levels of governance. The strength of government is in its institutions and every effort should be made to strengthen and not to undermine government institutions, to engender good governance and promote the rule and protect the rights of people,” he stressed.
Ojukwu, in a statement made available to newsmen, said no individual or institution should be allowed to toy with the judgment and decisions of the court, emphasizing that “all court orders are binding and must be respected by affected persons or institutions.” In the statement signed by the Director Corporate Affairs and External Linkages, Lambert Oparah, the executive secretary remarked that the decent way to disagree with a court order is to appeal against same.
The Executive Secretary stated that any party that is not satisfied with the ruling of the court has the right of appeal instead of resorting to self-help. “Any disobedience of court order is an affront to democracy and rule of law which should not be condoned in any civilised society”, he said.
