From Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Monday struck out the treasonable felony charges filed against the ‘RevolutionNow’ convener and publisher of Sahara Reporters, Omoleye Sowore and Olawale Bakare.
The decision followed the request by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi to discontinue the treasonable felony charges instituted against Sowore and Bakare.
Both Sowore and Bakare were in an amended charge marked FHC/ABJ/CR/235/2019 arraigned and prosecuted by the Federal government on treasonable felony charges.
The defendants who pleaded not guilty were alleged to have incited revolution against the government of former president Muhammadu Buhari.
Since then, the trial dragged on with Sowore’s movements restricted to Abuja for some years.
However, in a notice of discontinuance filed before the court, the AGF said he intends to discontinue the case against the defendants.
The notice dated February 15, 2024, reads: “By virtue of the power conferred on me under Section 174 (1) (c) of the Constitution of the Federal Republic of Nigeria 1999 as amended, Section 107 (1) of the Administration of Criminal Justice Act 2015 and all other powers enabling me in that behalf, I Lateef Olasunkanmi Fagbemi, SAN intend to discontinue Charge No: FHC/ABJ/CR/235/2019.”
At the resumed hearing on Monday, A.R. Tahir, Assistant Chief State Counsel, Federal Ministry of Justice, urged Justice Emeka Nwite to approve the notice of discontinuance dated February 14.
She said as it stands, a hearing in the matter is yet to commence, urging the court to strike out the charge.
On his part, counsel to the defendants, Femi Falana, confirmed receiving the notice of discontinuance.
Falana added that contrary to counsel from the Federal Ministry of Justice, the matter was partly heard and as such, the case should be dismissed.
“We have taken the first prosecution witness before Justice Ijeoma Ojukwu.”
“To that extent, the matter ought to be dismissed. I wish to appreciate the position of the Attorney General and Minister of Justice, Lateef Fagbemi for taking a hint from this honourable court that this matter would be dismissed even if the heavens will fall,” Falana said.
He expressed his gratitude to the court for dismissing the matter for want of diligent prosecution.
“In view of the withdrawal, we urge the court to order the State Security Services (SSS) to return the telephones of Sowore and Bakare, the sum of N10,000 seized from him, while his International passport as well as the title deed submitted for his bail in the court registry be returned,” Falana added.
In his ruling, Justice Emeka Nwite held that the proper order to be made is to strike out the case.
The judge struck out the charges and discharged the defendants, adding that all that was seized from the defendants be returned.