Godwin Tsa, Abuja
The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) on Thursday said the Federal Government did not breach the constitution by detaining the publisher of Sahara Reporters, Omoyele Sowore, and former National Security Adviser (NSA) Col. Sambo Dasuki (retd) despite various court orders to release them.
Speaking at a television programme titled ‘Good Morning Nigeria’ aired by Nigerian Television Authority (NTA), Malami said legally, the Federal government still has the right to detain Sowore and Dasuki until an appeal against the orders is determined by the Supreme Court.
Insisting that government did not disobey any order of the court with regards to Dasuki and Sowore, Malami said: “Perhaps I need to clear the air on how the rule of law operates within the context of the Nigerian constitution. We have multiple and a plethora of judicial decisions that establish a fact that when you are challenging a court order through a judicial process, the idea of disobedience to that court order does not arise.
“The misapprehension that set into the system and deliberately put in the public space is the fact that once there is a court order, you must unconditionally comply. You can only be adjudged being in disobedience of a court order when you don’t take advantage of the constitutional powers, rights accorded to you by appealing against the order and perhaps seeking for a stay of execution of the order or perhaps you don’t take any steps seeking variation of the court order.”
Before his eventual release, Dasuki, who had been in custody for four years, had secured six bail orders, including an order of the Court of Appeal.
While in the case of the co-convener of the Revolution Now protests, Sowore, a Federal High Court had ordered the Directorate of State Service (DSS) to release him from its custody.
The Service, which re-arrested him in controversial circumstances, had premised its reasons on the need to protect the country against internal security.
Related: Drama in court as DSS re-arrest Sowore, Bakare
According to the DSS: “It has, therefore, become unarguable and raises a moral question as to who, between Sowore and the Service, dislikes or disobeys the courts. In this regard, public attention may be drawn to the 25th July 2019 statement of Sowore that: ‘I’m not talking of protest. I’m embarking on revolution… Don’t tell me about legal implications or what a judge will say. I don’t care’.
“On December 5 when Sowore was released, he had, at the Transcorp Hilton Hotel, Abuja addressed a group of persons who he reassured of his cause to create anarchy in the country.
“It may be recalled that the Service had on 3rd December 2019 raised the alarm about a plot to destabilise the country. It is quite remarkable that the plot has already started playing out. To ensure this objective is further achieved, some persons and groups are scurrying to seize the opportunity of the misleading court incident and the wrong narrative against the DSS to organise an insurrection in the country. They have continued to falsely curry and mobilise international sentiments and attention, through clear misrepresentation of the facts, for their selfish ends.
“For emphasis, it should be noted that Sowore is facing trial, not as an activist, journalist or a politician, but for his resort to call for violence, forceful takeover of government and suspected transnational illegal activities. It is most unfortunate that Sowore, shortly after being released from custody, based on court order, resorted to acts inimical to security. To this effect, only Sowore has been re-arrested as his co-defendant, Olawale Bakare, was not picked up even when Falana had promised to deliver him to the Service that is not presently interested in him.
“Though sections of the populace have been fed with spurious narratives about these developments, Nigerians and the international community should not be gullible or even vulnerable to the machinations of groups desirous of misleading them.
“The Service is committed to the discharge of its mandate of detecting and preventing threats against the internal security of Nigeria. It supports democracy in the country and will do all that is legal to protect it. It will also ensure that the efforts of anti-democratic forces are frustrated.”