Most Nigerian children are acquainted with the story of how the cock gave away the combe on its head to the fox to be eaten. Although the real cock was only trying to secure the friendship of the fox that turned out dangerous, the Nigerian judicial cocks have been given out their judicial power in exchange for pecuniary gains. The Nigerian judicial cocks never realized by granting frivolous bails, unreasonable injunctions, barring political parties from fielding candidates at elections, and issuing interlocutory or permanent injunctions in favour of looters against the prosecutor in exchange for money, they are eroding the foundation on which their judicial powers is built. Before considering Omoyele Sowore's ordeal with the DSS vis á vis the Nigerian judiciary let me recall the raids on the homes of some High Court and Supreme Court Justices in October 2016 where millions of naira, dollars, euros and pounds sterling in cash were excavated, beside bank account documents showing how lawyers having cases in the Judges' were depositing huge amounts of money. Professor Osundare in a retorted in a write-up, ''Oh My Lord, Where do I Keep Your Bribe.'' The EFCC eventually filed cases of corruption against the Judges, but they were all freed by their Bench Mates in the Bar on the ground that Judges cannot be prosecuted for any offence unless they are first disciplined by the NJC and dismissed. Yet, the constitution specifically stated that only the President and the Vice President of Nigeria, Governors and their Deputies are immune from prosecution while in office. Nigerians kept quiet when the Nigerian Judiciary conferred immunity on its members through inference and not grant in the constitution.
Here beneath, the NBA is calling for the suspension of the DG of DSS on account of Sowore's treatment. But the NBA is like a fish whose head is rotten, it is useless and should be discountenanced. The current President of the NBA is Paul (SAN). He has been facing a ten-count charge of fraud of N1.4 billion at a Federal High Court in Lagos since December 2018. According to the prosecuting EFCC, Paul Usoro committed the offence on 14 May 2016 in association with the Akwa Ibom State Commissioner for Finance, Nsikan Nkan, the Accountant General of the State, Mfon Udomah, the Attorney General of the State, Uwemedimo Nwoko, and Margaret Ukpe. Mr. Usoro conspired with them to criminally convert N1.4 billion belonging to Akwa Ibom government to themselves. The said amount of money was paid into the Bank Account of Paul Usoro for sharing. He was granted bail in the sum of N250 million and one surety in like sum. As usual the case is still snail-speeding into a certain oblivion.
The Guardian writes below, "Meanwhile, Senator Abbo representing Adamawa North Senatorial district has described the court invasion as the height of overzealousness on the part of the security operatives, which amounts to desecration of the sanctity of the judiciary." Interestingly, Senator Elisha Abbo is a PDP representing Adamawa North senatorial district at the National Assembly. He is a lawmaker but also a lawbreaker who is currently being tried for assault at an Abuja Margistrate Court. On 11 May 2019, Senator Abbo was at a sex-toy shop in Abuja in the company of three women (girls) of which one of them vomited inside the shop. The attendant said that the woman should have gone out to vomit instead of inside the shop. The senator attributed the cause of the woman's vomit to emission of poison from the air-conditioner. A woman standing by said that if the senator was right, everyone in the shop should have been vomiting. The senator felt demean by the woman's logic and began to slap her in the face. Internal video in the shop recorded the whole assault which subsequently got to Premium Times Nigeria that published it on 3 July 2019. Senator Elisha Abbo's trial began on 8 July 2019 and was granted bail in the sum of N5million. The case has been adjourned to 9 January 2020. One needs to watch the video of Senator Elisha Abbo, who is talking about desecration of the sanctity of the judiciary, while assaulting a woman to determine his integrity and credibility. https://www.premiumtimesng.com/video/338351-video-nigerian-senator-caught-on-camera-assaulting-woman-at-sex-toy-shop.html | | VIDEO: Nigerian senator caught on camera assaulting woman at sex toy shop. Nigeria's youngest senator has been caught on camera physically assaulting a woman at an adult toy shop in Abuja. www.premiumtimesng.com |
Ayodele Fayose, the former Governor of Ekiti State, was arraigned on 22 October 2018 by the EFCC on a 11 count charge of N6.9 billion money laundering alongside his company, Sportless Investment Ltd. He was granted bail on 24 October 2018 in the sum of N50 million and a surety in like sum. He was permitted recently to travel abroad for medical check up. It was this same Fayose who, as a governor-elect in 2014, walked into the Ekiti High Court with 20 thugs, beat up Justice Adeyeye and tore his clothes. Where was Nigerian Bar Association?
Now let us consider the travail of Omoyele Sowore in the hands of the DSS. In a widely televised public statement on 25 July 2019 he said categorically, "I am not talking of protest. I'm embarking on revolution. 85% of Nigerians are in support. Don't tell me about legal implications or what a Judge will say. I don't care. We must bundle Buhari out of that place, the DSS shall seize to exist." Sowore's revolution in which he was to bundle Buhari out of office with the support 85% Nigerians that failed to vote for him, Sowore, in the February Presidential election was scheduled to begin on Monday, 5th of August 2019. The DSS arrested him pre-emptively and charged him to court for treason. There is no country in the world, except Nigeria, where a person accused and charged in court for treason is granted bail. It is at a trial Judge discretion that an accused can be granted bail, but that discretion must be exercised with extreme caution in relation to the severity of the offence. In Nigeria, Judges exercise their discretions in granting bails to the accused in disregard of the seriousness of the crime committed. In a case of treason, what the court should do is to compel the prosecution to file his case and commence the trial without delay while the accused remains in protective custody until the end of the trial when a judgment is pronounced. Sowore was arrested and charged for treason in August 2019 because he declared publicly that he wanted to start a revolution with the intention to bundle out President Buhari out of office by force. Instead of the court ordering the prosecution to start the trial of Sowore, his bail has been the central issue. By granting bail to a person who has planned to overthrow the government by force, the court itself has desecrated the sanctity of the Judiciary.
There was the case of Nnamdi Kanu which people clamoured that he should be granted bail pending treason crime levelled against him by the Federal government. At last, he was granted bail in the sum of N100 million and three sureties in like sum each. Kanu's bail conditions were said to have been fulfilled and he was released. When Nnamdi Kanu absconded from the trial and escaped from the country, the trial Judge that granted him bail, Justice Binta Nyako, ordered the forfeiture of the N100 million that each one of the sureties had deposited at the court registry for Kanu's bail. It turned out that the sureties had never deposited the 100 million naira as it was supposed to be, although the court registrar had proclaimed that Nnamdi Kanu's bail conditions had been fulfilled before he was released from protective custody. When the trial Judge wanted to force the sureties to fulfil Kanu's bail conditions or be committed to prison the sureties appealed her decision to the Court of Appeal, where it is yet to be listed for hearing. This illustrates that most of the criminal treasury looters in Nigeria who are often said to have fulfilled bail conditions may after all not have done so after paying some bribes to the court registrar. Nnamdi Kanu's co-defendants, Benjamin Madubugwu, David Nwawuisi, Bright Chimezie Ishinwa, and Chidiebere Onwudiwe are still in prison custody today for the same offence for which Omoyele Sowore is being asked to be granted bail.
S. Kadiri
Från: usaafricadialogue@googlegroups.com <usaafricadialogue@googlegroups.com> för Toyin Falola <toyinfalola@austin.utexas.edu>
Skickat: den 8 december 2019 18:13
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Ämne: USA Africa Dialogue Series - Sowore: NBA calls for suspension of DSS DG - The Guardian
Sowore: NBA calls for suspension of DSS DG - The Guardian
By Joseph Onyekwere (Lagos) and John Akubo (Abuja)
08 December 2019 | 4:46 am
https://guardian.ng/news/sowore-nba-calls-for-suspension-of-dss-dg/
The Nigerian Bar Association (NBA) has called for the immediate suspension of Yusuf Bichi, the Director-General of the Department of State Security (DSS) from office.
This followed the invasion of an Abuja federal high court, on Friday in a bid to re-arrest the publisher of Sahara Reporters, Mr. Omoyele Sowore and his co-accused, Olawale Bakare by officials of the secret service.
The two, who are facing treason charges, among others, for calling for a revolution against the Federal Government, were eventually re-arrested despite being on bail granted by the same Federal High Court.
The body of lawyers, in a statement endorsed by its National Publicity Secretary, Mr. Kunle Edun, said the demand for Bichi's suspension has become necessary, considering that the DSS under his leadership has established itself as a brutish and irresponsible agency that derives immense pleasure from violating the fundamental rights of Nigerians and disrespecting court orders.
While urging the Federal Government and the National Assembly "to immediately investigate the shameful conduct by the DSS and ensure that all persons found culpable are duly punished in accordance with the law, the body said the National Assembly should "review the laws setting up the DSS and indeed all security agencies in Nigeria, with a view to repositioning them to be more responsible and responsive to the public."
The NBA also wanted the Attorney General of the Federation, being the Chief Law officer of the Federation to take over all the political cases or cases involving politically exposed persons presently handled by the DSS.
The body said it was "greatly dismayed at the exhibition of primitive thuggery, insane passion for lawlessness, contempt and disrespect for the rule of law by the DSS agents within the precincts of the Federal High Court, Abuja while attempting to re-arrest Sowore and Bakare.
"The court invasion by the agency runs contrary to the avowed assurances of President Buhari that he will ensure that the Federal Government and agencies under it obey court orders. The disrespect of the court by the DSS is legendary and unrivalled…
"Nigerians are now under siege by security agents who have no regard for the law and the courts. NBA, therefore, urges Nigerians to be alive to their responsibilities as citizens and expresses its readiness to partner with all Nigerians and civil society organisations to ensure that the rights of Nigerians as guaranteed by Chapter 4 of the 1999 Constitution, as amended are not trampled upon by any government agency.
Meanwhile, Senator Abbo representing Adamawa North senatorial district has described the court invasion as the height of over zealousness on the part of the security operatives, which amounts to desecration of the sanctity of the judiciary.
"They should have laid siege for him, even at the gate of the court premises," he said. "But going into the courtroom. I think that is wrong. That should not happen anywhere. It is like going to the Senate chambers or that of the House of Representatives to arrest someone. It is an affront on the sanctity of courtrooms. The security agents should be cautioned, reprimanded and be given summary trial in the courtroom."
Similarly, two United States senators, Cory Booker and Bob Menendez have condemned Sowore's re-arrest in court.
Reacting to the development on Friday, Booker described the situation as dangerous, and promised to assent to any move that will uphold the rule of law in the country.
He said: "It is appalling that Sowore was rearrested hours after his release. This is a shocking affront to the country's rule of law, and Nigeria must cease its dangerous attacks on freedom of expression."
__._,_.___
Toyin Falola
The University of Texas at Austin
Austin, TX 78712-0220, USA
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