SIR: The latest drama by the Department of State Services (DSS) in their quest to re-arrest Omoyele Sowore after creating tumultuous atmosphere in the temple of justice on December 6, raises serious questions on the hope of a common man and the place of the judiciary in Nigeria nascent democracy.
On December 5, Sowore and Bakare were released from the custody of the DSS hours after Justice Ijeoma Ojukwu of the Federal High Court in Abuja gave the DSS a 24-hour ultimatum for their release. This action was commended by the judge while adjourning the case till February 11, 2020.
Before their release on December 5, the DSS had flagrantly disobeyed several court injunctions mandating them to release the duo. The first among this muscle flexing, was the refusal of the DSS to obey the judgement delivered by Justice Taiwo Taiwo of the Federal High Court, Abuja, on September 24. The judge granted bail to Sowore but the DSS refused to obey. This was the same judge that granted the DSS’s prayer to detain Sowore for 45 days on August 8. The second display was the blatant disobedience to the judgement of the Federal High Court, Abuja, of November 6.
Not up to 24 hours after their release, the DSS operatives invaded the sanctuary of justice, disrupted the court proceeding, turned the court to a struggle field in the bid to cart away their prey. This dramatic twist would appear unprecedented in the history of the arm known as the last hope of an ordinary man.
However, the usurpation of judicial power by the DSS in recent time started with the refusal of the agency to release Col. Sambo Dasuki (rtd), Ibrahim El-Zakzaky, and others still in the DSS custody despite several court orders for their release.
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By the provision of section 6 of the 1999 Constitution, as amended 2011, the judiciary is responsible for the interpretation of laws and settlement of all disputes in Nigeria, both between individuals, individual and government and the arms of government. But recent acceleration in the operation of the DSS seems to suggest otherwise.
In fact, the manner with which the DSS disobeys the court these days, seems like the DSS had established a parallel court which they consult after visiting the normal court to decide whether to obey court order or not. It raises question as to why taking the offenders to the judiciary when the decision on the next line of action has already been made?
No democracy can grow in a country where the judiciary has to study the body language of the executive or its agencies before dispensing justice. This is because judicial independence is a corner-stone of democracy and a necessary ingredient for peace and development. It anchors a nation’s respect in the international community and makes a country attractive to investors.
It is imperative to restore the judiciary to its constitutional position by respecting all judgements irrespective of the side it takes. Where there is a blatant disregard for court judgments, the rule of law, progress, and development will be like looking for God among men.
- Femi Oluwasanmi, Ibafo, Ogun State.
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