Chairman of the Presidential Advisory Committee Against
Corruption (PACAC) Prof. Itse Sagay (SAN) on Sunday faulted the
re-arrest of Omoyele Sowore by the Directorate of State Services
(DSS). TheNation report.
He said the secret service owed Nigerians an explanation for
invading the premises of a Federal High Court in Abuja to re-arrest
Sowore.
The DSS said in a statement that Sowore “resorted to acts
inimical to security” shortly after being released from
custody.
“The service is committed to the discharge of its mandate of
detecting and preventing threats against the internal security of
Nigeria,” the DSS said in a statement by its spokesman, Dr Peter
Afunanya.
But, Sagay said: “I agree that the DSS (operatives) have their
job. They don’t need the approval of the Presidency to do their
job. So, no one should blame the Presidency for anything the DSS
does.
“However, the re-arrest of Sowore looks bad on the surface in
the sense that the man was released a day earlier, and he was in
court the next day to answer the charges and he is arrested.
“I feel that Nigerians are entitled to an explanation. It’s not
something you can do and keep quiet. It’s not alright. There is
something wrong in that. They could have a good reason, but they
should tell us what that reason is.
“They cannot be quiet about it and if they are justified, I will
be the first to say yes. But they cannot do it and keep quiet and
expect everybody to accept it.”
On DSS, reason for re-arresting Sowore, Sagay said: “The
question I have is: the offence they are re-arresting him for, did
he commit it after he was released? That is very critical.
“If it is something he had said before, then I don’t see any
justification for his re-arrest, because he has been given
bail.
“But if it is something fresh – maybe he said something after he
was released that constitutes a security risk or is a danger to the
country – then they should make it clear so that we are not
confused.”
The Presidency described Sowore as “the agitator”, who must be a
“person of interest” to the DSS after openly calling for a
revolution.
“Nigerians do not need another spate of lawlessness and loss of
lives all in the name of ‘revolution’, especially not one that is
orchestrated by a man who makes his home in far away New York – and
who can easily disappear and leave behind whatever instability he
intends to cause, to wit, Nnamdi Kanu. This is a matter for the
DSS, acting under its powers,” it said.
Ebun Olu-Adegboruwa (SAN), expressed surprise at the
Presidency’s response “on a matter that is already subjudice.”
According to him, the Presidency seems to be embarking on a
media trial against Sowore.
Olu-Adegboruwa said the Presidency disrespected the courts by
commenting on a pending case.
He said Sowore remains innocent until proved guilty.
“It is a little surprising and worrisome that the Presidency
seems to have embarked on a media trial, a matter that is already
pending in court,” he said.
Besides, he said Sowore could possibly not have escaped since
his passports had already been seized.
“Somebody has already been granted bail by a court, his
international passport has been deposited with the court, and he
has been restricted to the city of Abuja, according to the terms of
the bail.
“How does such a person escape? He has no means of travelling
and then he’s already on bail,” Adegboruwa said.
He called for a meeting between the Chief Justice of Nigeria and
the Attorney-General of the Federation to consult on possible steps
to be taken to protect judges and the courts from further
invasion.
He also wants the DSS to be made to account for the events of
December 6 and for immediate disengagement of the DSS leadership
and all its officers involved in the invasion.
“Henceforth, let the Bar get its members who are involved in any
government to be held accountable for any breach of the rule of law
by the government and its officers and agencies,” Adegboruwa
said.
A rights group, the Access to Justice (A2Justice), condemned
DSS’ action in a statement by its Convener Joseph Otteh and
Programme Officer, Daniel Aloaye
“A government that promised to abide the rule of law now
virtually has the rule of law, largely unpretentiously, under the
jackboot, defying numerous orders of courts,” it said.
The group said a government using economic diplomacy to attract
foreign investment to create jobs shoots itself in the foot by its
autocratic domestic behaviour.
“Investments and capital are hardly attracted by environments
where the rule of law is absent or where courts are systematically
disrespected or trampled upon,” A2Justice said.
The group urged the judiciary to fight for its life and refuse
to be cowed.
A2Justice urged Chief Justice Tanko Muhammad to convene an
urgent “Save Nigeria judiciary” meeting of judicial officers to
explore ways of responding to both the escalating incidence of
disrespect of the courts.
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