In case the Department of State Services (DSS) is unaware, the continued detention of Omoyele Sowore, the publisher of Sahara Reporters and presidential candidate of African Action Congress (AAC), and Olawale Bakare, clearly contravenes section 35(1) of the 1999 constitution (as amended). That is so because, while they have charges pending against them in court, two high courts have granted them bail on terms, which they have met. We hope that the DSS knows that its recalcitrant behaviour is causing our democratic republic led by President Muhammadu Buhari, avoidable disrepute.
Except of course it wants to lionise Sowore and Bakare as prisoners of conscience, the DSS should immediately release them, and allow the courts to determine their fate. The DSS cannot, after approaching the high court for an order to detain Messrs Sowore and Bakare, which they secured, turn around to scorn subsequent orders made by the same court that the detainees should be released. Such cherry-picking of which orders of court to obey amounts to gross abuse of constitutional due process.
Without equivocation, the continued detention of MessrsSowore and Bakare, despite the bail granted by two high courts, was made worse by the strong-arm tactics in the last few days to disrupt the peaceful protests by activists to pressure the DSS to obey the constitution of the country. According to media reports, the DSS shot live bullets into the ranks of the protesters and allegedly maliciously destroyed four vehicles belonging to the Sun Newspaper, Nigerian Tribune, Daily Independent newspapers, and one other driven by reporters who came to cover the protest. Both acts again offend our laws.
The illegal disruption of the protest offends both sections 40 and 41 of the 1999 constitution (as amended); while the alleged knifing of the vehicle tyres amounts to malicious destruction of properties, for which the culprits, whether in uniform or not, should be apprehended and prosecuted by the police. Indeed, the officers who shot at the protesters deserve administrative reprimand and punishment for engaging in unlawful conduct capable of bringing the security agency to disrepute. In a constitutional democracy that is how to deal with the unfortunate display by the DSS officials in Abuja.
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Deji Adeyanju, Lanre Legacy and Sanyaolu Juwon, are other civil rights activists who have been protesting for the release of the detainees as ordered by the courts, and have vowed to occupy the DSS headquarters until Messrs Sowore and Bakare are released. To the amazement of many Nigerians, the DSS has claimed that Messrs Sowore and Bakare are still in detention because nobody has come forward to ask for their release. The detainees’ lawyer, Femi Falana (SAN), has debunked the claim, informing the general public of efforts to gain their release as ordered by the courts.
Of note, a group of prominent Nigerian academics and activists from around the world led by Ebenezer Obadare in a statement said: “The continued detention of both human rights advocates is an egregious injustice and a travesty of the rule of law.” We agree with them, and urge the DSS to stop exposing our country to ridicule across the world. Unless the DSS is morphing into a dictatorial agent of the government, it is important that it does not add Sowore and Bakare to the list of those under unlawful detention in our country.
Of course, the other two most prominent detainees in unlawful custody are Col. Sambo Dasuki (retd), the former National Security Adviser, and Mallam El- Zakzaky of the proscribed Islamic Movement of Nigeria, who have secured several orders of court for their release. We call for the release of all the detainees forthwith.
‘The DSS cannot, after approaching the high court for an order to detain Messrs Sowore and Bakare, which they secured, turn around to scorn subsequent orders made by the same court that the detainees should be released. Such cherry-picking of which orders of court to obey amounts to gross abuse of constitutional due process’
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