A human rights lawyer, Femi Falana has said it was not true that the Department of State Services (DSS) planned to petition Justice Taiwo Taiwo of the Abuja Federal High Court to the National Judicial Council (NJC) for granting Omoyele Sowore bail.
He stated this in a statement on Sunday, arguing that the report was meant to blackmail and intimidate judges in the case of the activist.
“However, in a desperate bid to divert public attention from the contemptuous conduct of the SSS the federal government has hurriedly pressurised the federal high court to assign the case for the arraignment of Mr. Sowore,” he said.
“I wish to state without any fear of contradiction, that the federal high court is competent to admit a person charged with a capital offence to bail by virtue of section 161 of the Administration of Criminal Justice Act, 2015. But in this case, Mr Sowore has not been charged with a capital offence.
“Treasonable felony is not a capital offence under section 41 of the Criminal Code. Even under the most brutal dictatorial regimes in Nigeria our courts did not hesitate to uphold the fundamental right of the victims of repression to personal liberty including those who were charged with treasonable felony.
“Having regards to the facts and circumstances of this case, the SSS cannot complain against the handling of the case by Justice Taiwo who did not even entertain our application to quash the order for Mr Sowore’s detention for 45 days. We had wanted to show that Mr Sowore did not engage in any terrorist activity to warrant his incarceration.
“In urging Nigerians to disregard the dubious report it ought to be pointed out that Justice Taiwo has not been accused of any act of judicial misconduct in ordering the conditional release of Mr Sowore from unlawful custody. After all, it was the SSS counsel, Mr Godwin Agbadua who withdrew his fresh motion ex parte motion for an order to further detain him for 20 days.
“To that extent, the National Judicial Council has no power to sanction a judicial officer for exercising his/her discretion judicially and judicially in an application for the bail of a citizen. In other words, since the NJC is not an appellate court it cannot review the order for the conditional release of Mr Sowore
Join the conversation
INVESTIGATION… Ten years after, communities count losses as AfDB, Cross River govt abandon road project
Ten years after the Cross River State government and African Development Bank (AFDB) jointly awarded the Yahe-Wanokom-Wanikade-Benue border road for...
INVESTIGATION….N.3bn down the drain: Why water projects for Enugu communities don’t work
In this concluding part, ARINZE CHIJIOKE talks about some of the projects that are serving the people and how various WASH programmes have failed to tackle...
INVESTIGATION…PARKVIEW ESTATE: Exclusive images of how billionaire property developer incurred Lagos govt‘s anger
Many have seen the demolished building, but not many know the circumstances that led to the teardown of the about...
INVESTIGATION… N.3bn down the drain, as Enugu communities suffer from dry taps
In November 2020, three organizations and the Enugu State government celebrated the completion of N300 million worth of projects that were expected...
INVESTIGATION… How herdsmen crisis compounds woes of already deprived Ogun communities
Earlier in January, the Nigerian media space was awash with reports of violence between herders and farmers across the country....