Dr. Babatunde Ajibade, SAN Calls On Buhari To Direct SSS To Respect The Judiciary, Says NBA Must Stand Up For The Judiciary – TheNigerialawyer

The Managing Partner of S. P. A. Ajibade & Co, Dr. Babatunde
Ajibade, SAN, FCIArb, has said that the video clips circulating on
social media, showing the violent re-arrest of the publisher of
SaharaReporters, Mr. Omoyele Sowore inside a courtroom at the
Federal High Court in Abuja marks a new low in the ongoing assault
on the Rule of Law in Nigeria.

Dr. Ajibade, SAN, made this remark following the drama displayed
by some armed operatives of the Department of State Security (DSS )
at the courtroom of Justice Ijeoma Ojukwu, of the Federal High
Court sitting in Abuja

The re-arrest, allegedly by operatives of the Department of
State Security (DSS), was said to have disrupted the proceedings of
the court.

He said democracy is about institutions and maintaining checks
and balances on the power of the executive and other arms of the
government is vital to society.

“The judiciary is the check on the excesses of the
executive.

“The action of the DSS is an assault on the judiciary which is
the custodian of the Rule of Law in our society.

“The continuous contempt and disdain with which the executive
arm of government treats the judiciary is inimical to all known
norms of democracy as enshrined in our constitution,” he
stated.

Condemning the ugly incident Dr. Ajibade, SAN, said that our law
enforcement agencies must learn to operate within the ambit of the
law and carry out their functions with the utmost respect to the
limits of their statutory mandate.

“They must not erode the gains that we have made as a democratic
nation.

“By its actions, the executive continues to undermine the
independence of our courts and is, by so doing, inviting a state of
anarchy.

“I, therefore, urge Mr. President to direct all security
agencies in the country to carry out their duties showing deference
and respect for the judiciary.

“Mr. President should ensure that the officers responsible for
the desecration of the courts in this ugly incident are punished to
serve as a deterrent to others.

“The rule of law and not that of might is supreme in
Nigeria.

“I call on all members of the Nigerian Bar Association to speak
and stand up for the judiciary.

“We are the only voice that can stand in defence of the
judiciary in this trying times”, he said.

How DSS Re-Arrested Sowore at High CourtHow DSS
Re-Arrested Sowore after Court Proceedings

The operatives of the Department of State Services (DSS) have
re-arrested the Publisher of Sahara Reporters and the convener of
#RevolutionNow, Omoyele Sowore, and his co-defendant Olawale Bakare
after a court Proceedings.

The operatives claimed that they wanted to ask Sowore some
questions in their office.

This is coming less than 24 hours of his release from detention
on the order of Justice Ijeoma Ojukwu. The trial assumed a
different dimension after the judge had adjourned the trial till
February 11, next year.

As Sowore and Bakare were leaving the courtroom and the judge
was already attending to another case, DSS operatives attempted to
arrest them.

Sowore rushed back into the court with the secret operatives
rushing after him, a development that disrupted the ongoing
proceedings at the court as his supporters and legal team shielded
him from the attempt to arrest him.

Meanwhile, Olawale Bakare, co-defendant to Sowore has been
allegedly declared missing. While Sowore was driven back to the DSS
in Falana’s car, where he was re-arrested and detained.

The operatives of the agency are currently searching for Bakare
in different parts of Abuja. The uncertainty surrounding Bakare’s
whereabouts at the moment has indeed added a new twist to the
matter.

Meanwhile, Sowore’s counsel has described the action of the DSS
as a “horrendous, bizarre, and barbaric contempt of court” never
witnessed under “even the most brutal of past dictators that had
ever ruled Nigeria”.
He said, “Under the military regime, the so-called enemies of the
government would not be arrested in the web of the court which is
considered a sanctuary.

“The military regimes would always show some respect for the
court and would only arrest after the person left the court
premises.
“What we have witnessed today is alien to Nigeria.”

He said at a meeting which Justice Ojukwu called to be held in
her chambers with him and the prosecuting counsel, Hassan Liman
(SAN), the judge “expressed dismay” over the development as she
said, “she was made to flee her court”.

After the meeting Falana and the prosecuting counsel, Hassan
Liman (SAN), held with the judge, the defence lawyer criticised the
operatives’ move to make an arrest within the court premises.

He offered to drive his client to the DSS headquarters in
Abuja.

The operatives agreed with the arrangement as they drove in
vehicles in front and behind Falana’s car while they made their way
to the DSS headquarters.

Sowore’s lawyer, Femi Falana insisted that the arrest should be
effected outside the court premises which the operatives
obliged

The DSS had early obeyed a court order by releasing the previous
day after Justice Ijeoma Ojukwu of the Federal High Court in Abuja
had expressed displeasure over the refusal of the Department of
State Service (DSS) to release Sowore and his co- accused, Olawale
Bakare.

The Judge had ordered DSS to release Sowore within 24 hours and
that the evidence of his release must be made available to the
court for confirmation.

Sowore, the publisher of Sahara reporter and his co-defendant
are facing a seven-count charge bordering on conspiracy to commit
treasonable felony in breach of Section 516 of the Criminal Code
Act, money laundering and cybercrimes amongst others.

They pleaded not guilty to the charge and were granted bail on
October 4, in the sum of N100m and N50m respectively with two
sureties in like sum.

For Sowore, one of the sureties according to the judge must
deposit the sum of N50m cash as security for the bail.

However, the court had two weeks later varied the bail
conditions following a request to that effect.

Justice Ojukwu had signed the release of the bail of the
defenfants after they met the bail conditions.

But the DSS had refused to release the defendants even after
evidence that they have met the conditions attached to the
bail.

However at the resumed hearing on yesterday Justice Ojukwu was
infuriated that her order on the release of the defendants was yet
to be obeyed.

Counsel to the defendants, Femi Falana SAN had complained to the
court that its order as regards release of documents and the
defendants who have been granted bail and have met the attached
conditions has not been complied with by the prosecution.

Falana, who told Justice Ojukwu that one month after the court
ordered service of documents to be tendered on the defence, the
prosecution only served the defence the documents yesterday and
hence would be needing time to study the documents as well as watch
the attached videos with the defendants.

He also prayed the court to direct the prosecution to serve the
full statements of all listed witnesses instead of a summary
statement to aid their defence.

The defendants lawyer further told the court that he was having
difficulty gaining access to his client who is still in custody of
the prosecution despite meeting his bail conditions.

At this instant, Justice Ojukwu called on the prosecution
counsel to explain why Sowore and Bakare were still in their
custody.

Responding, prosecution counsel, Hassan Liman SAN, admitted that
the order was served on the prosecution but the defendants were yet
to be released because the DSS had asked their sureties to come for
identification.

Interjecting, Justice Ojukwu asked the prosecution counsel
whether that request was part of the Court’s order.

“Is that part of the order, is there a parrallel court here, who
is directing that? Is there another court else where? The court
queried.

Justice Ojukwu expressed pain that the DSS could flout her
orders even after she took time to ensure that the bail conditions
were met.

In a short ruling, the judge ordered that the defendants be
released within the next 24 hours and adjourned to Friday November
6 for report of compliance.

On the request for adjournment by Sowore’s lawyer for time to
study the documents and videos tendered as evidence against Sowore,
Justice Ojukwu held that because the adjournment was created by the
prosecution she was inclined to award cost against the
prosecution.

She recalled that while adjourning the matter on November, she
had ordered that the prosecution serves all necessary documents it
intends to tender on the defence before the commencement of trial
on Thursday.

“Since the last time, you did not deem it necessary to serve”,
she said while refusing Liman’s claim that the late service was due
to administrative bottleneck.

Justice Ojukwu subsequently awarded a cost of N100,000 against
the Prosecution, adding that trial would only go on upon payment of
the N100,000 fine.

The DSS had on August 3, 2019 arrested Sowore in Lagos, for
calling for a revolution through a protest scheduled to hold on
August 5, while Bakare was arrested in Osogbo on October 5.

Since their arrest they have remained in the custody of the
DSS.

By PRNigeria^[1]