December 10, 2019

Sowore’s rearrest: Olu Falae, Odumakin, others lament, say judiciary better under military


Senior legal practitioners in the country, on Monday, flayed what they described as the continuous desecration of the judiciary by the President Buhari-led government, insisting that the recent re-arrest of  Sowore, within the precinct of the Federal High Court, Abuja, was the height of impunity.

The lawyers, in separate interviews with Vanguard, condemned Sowore’s re-arrest, barely 12 hours after he was released from over 124 days detention by the Department of State Services, DSS, saying it depicted a total lack of respect to the authority of the judiciary as an independent arm of government in the country.

A Senior Advocate of Nigeria, Mr Mohammed Abeny, who was embittered over the incident, said the judiciary fared much better under the military junta, alleging that most Judges currently adjudicate under the influence of fear.

He said: “The judiciary has suffered unprecedented disruption under this regime that is so-called democracy. Even under the dictatorship of General Abacha, was the judiciary so desecrated?

“Whenever court order was given under Abacha, he obeyed but here we are, a supposed democracy, with the Executive flouting with impunity the orders of court.

READ ALSO: Sowore’s Re-arrest: Amnesty Int’l, SERAP, others threaten mass action

“What happened to Sowore has been criticized particularly from the point that it happened in the precincts of the courtroom. A courtroom is a sacred place which forbids somebody from being arrested within the court premises. But this area has been much over-flogged by critics and those who saw what happened as a sort of insult to the judiciary.

“I want to look at it from another angle. Why was it even necessary to re-arrest Sowore after he was granted bail? Within 24 hours or less after his release, he was re-arrested. This is a man who has been in their custody for over 100 days.

“If indeed, he committed any offence, that period is more than enough for them to frame any charges against him. He was granted bail based on the fact that there was no prima-facie case established against him. My worry is, what did he do after he was granted bail, after his release, to warrant his re-arrest whether in the courtroom or outside the courtroom.

“Why will people calling themselves the DSS commit such atrocity by re-arresting him in defiance of an existing court order? That is my concern.’’

On his part, a constitutional lawyer and human rights activist, Jideobi Johnmary, said: “I have always known that the present government is a huge danger to democratic ethos in more ways than one but I never knew it would come to this bottom of obscenity when state forces would have the temerity to invade and disrupt the proceedings of a properly constituted court at the headquarters of the Federal High Court in the nation’s capital territory in a bid to carry out a special of arrest considered an aberration in law, in view of the venue of the said arrest.

“It raises the abiding question which is: how many more impunity and unprecedented desecration and disdain for the Judiciary would then present government commit that would be sufficient to rouse the stakeholders in the nation’s Judiciary to robustly rise to the occasion, stamp their feet authoritatively on the ground and make the statement that the nation’s Judiciary would no longer countenance state-sponsored impunity?

“Lawyers and the journalists who rose to defend the sanctity of democracy must be commended. However, history would be most unkind to all the stakeholders who have shamefully elected to keep mum or sit on the fence in this perilous and dark hour of our democratic experiment.

‘’In the face of this grave atrocity, all those who keep mum to preserve their offices, government contracts, government relationships, government briefs, life and limbs and or such other political backlashes will never ever know peace!

“Evil which they promote by their chilling silence will surely overtake them and abide forever and never depart from their homes. Above all, as had been said by the National Human Rights Commission, all the men and officers of the DSS who are found wanting or complicit in this atrocious attempt at overrunning the Nigerian Constitution must quickly be brought to account for the greatest incitement for crime is the hope or certainty of escaping punishment.”

Similarly, another constitutional lawyer, Chief Nkereuwem Akpan, said: “First, it must be stated clearly and for the avoidance of doubt that there is no limit to the number of times a person may be arrested for questioning so long as an offence is alleged to have been committed by him.

READ ALSO: FG should stop subjecting Sowore to media trial ― Femi Falana

‘’There’s a caveat to this general rule, however, and would occur where for instance there is a valid order of court precluding same in respect of a subject matter already a subject of adjudication before the court.

“In the instant case, he can be lawfully arrested upon a valid warrant (or without a warrant depending on the nature of the offence). Second,  the next question will necessarily be the place and venue of the arrest.

“There is no provision in any law for the time being permitting the arrest of suspected offenders inside the courtroom or even within the four walls of the court premises.

“In fact, the extant and sacrosanct provisions of section 43 of  the Administration of Criminal Justice Act, Laws of the Federation of Nigeria 2015 expressly prohibits an arrest inside the courtroom

“I am unable to wade into or discuss the political implications of the current travails of men like Sowore, Dino Melaye, Bukola Saraki, Olusegun Obasanjo or Lamido Sanusi etc.their injuries are self-inflicted and I am content to let them stew in it.’’

Human rights activist and constitutional lawyer, Chief Mike Ozekhome, SAN, equally condemned the action of the DSS in re-arresting Sowore within court premises.

He said: “When a   government that is supposed to respect and protect institutions, citizens’ rights and rule of law, invades and desecrates the sacred precincts of a court of law, then we are in trouble.

“When the same DSS invaded Judges’ homes in October, 2016, terrorizing hapless Judges and their families, many uninformed Nigerians hailed the misadventure as a sign of fighting corruption. I had vehemently disagreed then, citing section 36 of the 1999 Constitution and section 7 of the ACJA that inure in us our humanity and human dignity and respect.

“I had warned then of a possible descent into anarchy and chaos if the masked DSS goons were not immediately restrained and halted on their tracks. Friday’s disgraceful and atrocious outing by the DSS is the clearest exemplification of a rudderless state in search of a redemptive deus ex machina.

“A government that is short on tolerance to criticism, a plurality  of voices and opposition and which serially violates citizens’ rights and disobeys court orders is a ready recipe for organised disenchantment.

‘’Our constitutional democracy should be one modelled on the rule of law and not on the rule of the thumb of a benevolent ruler, even if dictatorial, tyrannical, absolutist and fascist.’’

Also reacting yesterday, Yoruba socio-cultural and political organisation, Afenifere, described the re-arrest of Sowore in court as a coup against the judiciary.

Publicity Secretary of the Afenifere, Yinka Odumakin, said: “If there is any sign Nigerians need to know that the country has slipped into the abyss of totalitarian rule, it is the unfortunate statement by the Presidency on the re-arrest of Sowore inside the court last Friday.

“A truly democratic regime would have condemned the barbaric conduct of the DSS in court, with a promise to investigate it.

“But the Presidency ignored the sacrilege of desecration of the temple and went after Sowore whom it describes as a ‘person of interest’ to the Gestapo. Does it occur to them that what DSS did on Friday was a coup against the judiciary and worse than the unstaged revolution of Sowore.”

Reacting in a similar manner, former Secretary to Government of the Federation, SGF, Chief Olu Falae, said: “There would be serious consequences for every undemocratic action taken by every government.

“This undemocratic action should be condemned and stopped forthwith. If not stopped, there would be consequences for our nascent democracy.

In his reaction, former governor of Oyo State, Dr Omololu Olunloyo, said it was unfortunate that the government that was supposed to enforce and guard the law, did not obey it.

“I think the government is saddled with the responsibility of enforcing the law and it is supposed to obey the law.”

Also reacting, Deputy National Publicity Secretary of the Peoples Democratic Party, PDP, Diran Odeyemi, said the party was not surprised with the action of the Department of State Services, DSS, as it reflects the intolerant nature of President Muhammadu Buhari.

He called for a collaborative effort to tackle the dangers that confront the nation’s democracy, condemning the federal government for issuing a statement in defense of the action of the DSS operatives.

Vanguard Nigeria News