Agbakoba, SAN, Okutepa, SAN, Ubani, Ors,Condemn DSS’ Detention of Sowore Despite Court Order, Criticizes Agency’s Plot To Petition NJC

* The FG May Well Be Careful Not To Be Seen As Engaging In
Ganging Up The Judiciary – J.S. Okutepa, SAN
* We Are Now In A Dictatorship And Only The Court Can Set The
Nation Free – Onu Silas
*Inibehe Effiong calls The Planned Petition A Beautiful
Nonsense
* Says The Government is Shameless
*Says Filing Of Charges Cannot Justify The Detention

Legal practitioners in Nigeria have responded to the continued
detention of Sowore by the DSS, and the threat by the security
agency to petition the NJC over Justice Taiwo’s order to release
the activist. The lawyers who gave their opinions about the matter
decried how shameful the security agency has acted and urged the
executive to obey court orders and abide by the Rule of Law.

Speaking on the issue, Senior Advocate of Nigeria, J.S Okutepa
said that Justice Taiwo is on good ground. He said this while
citing the explanation of his fellow Learned Silk, Femi Falana,
SAN. According to him, it will amount to witch hunt to report
Justice Taiwo Taiwo to NJC.

Citing the report he said: Order to detain Sowore for 45 days
was granted by Justice Taiwo on 8/9/19; his motion to quash the
order was filed on 9/8/19; the judge did not hear the motion until
the expiration of the 45-day detention period; the SSS filed a
motion to detain him for additional 20 days to await AGF’s legal
advice; motion for further detention was withdrawn as a charge has
been filed;  SSS counsel asked for his detention on the basis
that he has been charged with a capital offence to wit: treasonable
felony; he opposed further detention on the grounds that: i.
treasonable felony is not a capital offence under Section 41 of the
Criminal Code Act; ii. MKO Abiola was charged with treasonable
felony but granted bail by the Court of Appeal; iii. He cited the
case of 5 activists who were charged with treasonable felony but
granted bail; and that he, therefore, asked for his unconditional
release since the 45-detention order had expired by effluxion of
time, that it was NOT a bail request.

“Justice Taiwo agreed with him and ordered his release but made
it conditional by asking him to deposit his passport and that he
ensures his appearance for his arraignment since a charge has been
filed against him. From these explanations, the learned trial Judge
Taiwo J was clearly on firm ground to do what he did. He couldn’t
have done otherwise. That he ordered Sowore to deposit his passport
was to ensure that he was available for whatever trial.

“He cannot detain Sowore on the basis of a charge not before
him. I think the FG of Nigeria may well be careful not to be seen
as engaging in ganging up the judiciary which may be
counterproductive,” he said.

Adding his voice, Olisa Agbakoba, SAN, said that he does not
understand why they are complaining that justice Taiwo did his
judicial function to grant bail.

Another lawyer by the name Onu Silas said that it is a clear
demonstration of government intolerance which daily tends towards
full-blown dictatorship. He stressed that we cannot live in a
Policed nation where the rights of citizens are curtailed by
security agencies under the guise of national security and treason,
adding that this has become a trend now as we have also seen the
Attorney General of the Federation justifying the unlawful
detention of citizens in spite of Court order (s) granting them
bail.

“We are now in a dictatorship and only the Court can set the
nation free. However, if the Judiciary enjoys the reality that we
now live in, then, they are welcome to keep us all in it – they
aren’t exempt. After all, the London judge that gave judgment
against us is also being dragged before the Queen,” he said.

The immediate past 2nd Vice President of NBA, Monday
Onyekachi Ubani, also added his voice to the wrong move by the DSS.
He wondered why on earth the DSS will think of petitioning the
NJC.

“What is the allegation against Justice Taiwo Taiwo in the first
place? Is it that he has no jurisdiction to release Mr Sowore after
the expiration of the detention order or that the court has lost
all the powers under the law to make orders that does not favour
DSS in Nigeria anymore? I cannot understand the meaning and
substance of the alleged threat to petition him to NJC.  It is
high time lawyers stood up against this calamitous destruction of
the legal system by the security agencies in Nigeria. We lawyers
cannot keep quiet anymore because they are trying to destroy the
only area where we are operating, which is the court. Judiciary is
the only place where we operate, so if they succeed in destroying
it no one will have regard and respect for us and for the
country.

“If lawyers allow the Judiciary to be emasculated by the
executive we are finished, Nigeria is gone, the Legal profession is
finished. He therefore advised that all men and women of conscience
should stand up and urge the Nigerian leaders to respect court
orders and not to destroy the judicial system in the country. If we
no longer want the judicial arm of government, the constitution
should be duly amended to that effect and everyone will know that
Nigeria has no judiciary anymore. We lawyers are saying no in
intimidation, injustice in this country. Judiciary is an
independent body and should be allowed to do their work without any
fear or favour,” he said.

Reacting to the development, Human Rights Activist, Inibehe
Effiong, said that the report that the Federal Government will
petition Justice Taiwo to the NJC for ordering Sowore’s release is
a beautiful nonsense. Inibehe Effiong said this in a statement he
titled, “The Shameful Macabre Dance By The SSS And The
Federal Government”. According to him, that will be an
unprecedented executive rascality, adding that, the SSS did not
require a court order to release Sowore. He also stressed that the
same SSS that claimed ignorance of the order made by Justice Taiwo
is reportedly planning to appeal it and also petition the judge,
and that this whole case is rooted in lies ab initio

“The report that the Federal Government will petition Justice
Taiwo to the NJC for ordering Sowore’s release is a beautiful
nonsense. That will be an unprecedented executive rascality. The
SSS did not require a court order to release Sowore. He should have
been freed the moment the 45 days elapsed. The SSS filed an
application seeking extension of Sowore’s detention by another 20
days. They withdrew it when the Ministry of Justice filed charges.
There is no legal basis for detaining Sowore. Filing of charges
cannot justify the detention. Justice Taiwo only did the
needful.

“The same SSS that claimed ignorance of the order made by
Justice Taiwo is reportedly planning to appeal it and also petition
the judge. This whole case is rooted in lies ab initio.
They have continued to tell lies and defend the indefensible. This
government is shameless. The SSS was represented in court on
Tuesday by a lawyer in court when Justice Taiwo ordered it to
release Sowore forthwith. But we still served them with the order.
When they denied service, we mobilized the Bailiff to re-serve them
but they chase us out of their facility,” he said.

Speaking further, he said that he is worried by this
‘suspicious’ report by The Nation Newspaper, and that it is hoped
that this report is not planted to scare Justice Taiwo from
entertaining their contempt proceedings against the DG of the SSS.
To him, it will be preposterous for the FG to petition the NJC
because a judge, who swore to uphold the Constitution, took the
right decision by enforcing the constitutional liberty of a
Nigerian who is presumed innocent until his guilt is established,
and that the SSS should stop this impunity.

“Based on the principle laid down by the Supreme Court in the
case Military Governor of Lagos State & Ors v. Ojukwu &
Anor (1986) 1 NWLR (Pt. 18) 62, the SSS cannot appeal against the
order of Justice Taiwo while still in contempt. They must release
Sowore before going on appeal. The law is firmly established, as
decided by the Supreme Court in the case of Nidocco Ltd. v.
Gbajabiamila (2014) 14 NWLR (Pt. 1374) p. 350, that an order made
by a court of competent jurisdiction is valid until it is declared
void by a court of competent jurisdiction.

“The argument about supremacy of “National Security” as argued
by President Buhari, the AGF, Mr Malami, Keyamo and others is
legally untenable. Rule of Law is the father of national security.
When a court makes an order, Section 287 of the Constitution says
it MUST BE ENFORCED. It is absolutely depressing as a lawyer in
this country that this government has continued to treat court
orders with ignominy. His Lordship, the Chief Justice of Nigeria,
who recently insisted on obedience to court orders, should now walk
the talk. The NBA should speak out now.

“Finally, it is now correct to say that the Buhari regime has
gone completely rogue in its dubious, immoral and despotic attempt
to criminalize dissent and suppress voices of conscience in this
country. Sowore is simply being hunted by an incompetent regime for
loving his country,” he added.