Tag: Omoyele Sowore

  • Ondo monarch pleads for Sowore’s release

    The Kalasewe of Apoi in Ilaje local government area of Ondo State, Prof. Sunday Amuseghan,  has pleaded with the Federal Government to release the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, from detention.

    The monarch said Sowore, who is a worthy son of Apoi, should be released unconditionally because his arrest and detention portends grave danger for democracy.

    The publisher of Sahara Reporters and convener of Global Coalition for Security and Democracy in Nigeria was arrested by the operatives of the Department of State Services over a planned protest tagged: RevolutionaryNow.

    He was accused of a plot to forcefully change the government.

    In a statement, the Kalasuwe said the arrest was a violation of Sowore’s fundamental human right, adding that , he did not commit treasonable offence because the protest has not been held.

    Kalasuwe, who faulted the rationale behind the arrest, said it was unfortunate that Nigerians usually forgot past events.

    He said Nigeria’s problems emanated from the military’s dictatorship and the tendency to gag the press and prevent freedom of speech and expression.

    The monarch said the planned protest would have presented to Nigerians and opportunity to express their feelings to President Muhammadu Buhari.

    Amuseghan said Nigerians were entitled to express their feelings, provided the protest was peaceful and violent-free.

    He said: “Not everybody can have access to the presidency in Abuja. This is democracy, not militarism, where people are cowed and jailed over issues relating to their welfare.

    “Sowore is an activist, and he was part of the struggle for this democracy. Therefore, he is entitled to express his feelings and that of Nigerians in a democratic setting”.

  • Once upon an earlier call to revolution

    WHAT could have led the publisher and editor-in-chief of the online muckraking journal, saharareporters, and most recently a candidate in the March 2019 presidential election to call on Nigerians to embark on a revolution to supplant the existing order well before the newly elected governments at the centre and in the states had taken office?

    Despair that nothing would change, and that muddling through could take Nigeria no farther? Ambition, as in seeking to obtain by revolutionary force the power he had failed signally to win at the ballot, having scored only 34,000 votes of the more than 36 million votes cast in the presidential election?

    Desperation – that time was running out and that a revolution to turn things around could no longer wait?  Idealism, a genuine belief that revolution, revolution now, was precisely what Nigerians needed?

    Most likely all of the above.

    There was certainly something quixotic about it all. But it was not more quixotic than Sowore running for president, or embarking on operating an online newspaper based in New York with little more than gritty determination to make it work. To be sure, Quixotism has its limits. But overall, it has taken Sowore much farther than his growing up in riverine Ondo State could have promised.

    A motely crowd of protesters here, Sowore’s placard-carrying supporters and the police engaged in a not-so-friendly chatter there, or in a skirmish yonder:  On the whole, the response to Sowore’s summons to revolution was less than enthusiastic.  It would not be unkind to call it desultory.  It certainly cannot even be called a preface to revolution.

    Yet it would be a mistake to dismiss it as a non-event.  That a political activist of Sowore’s modest financial and organisational resources could put so many men and women on the streets at short notice is an indication that there is considerable anger in the land and that the issues he and many others thoughtful critics have raised should be addressed forthrightly and urgently.

    It would also be a mistake to treat Sowore and his comrades as common criminals.  Prolonged detention without trial can only strengthen their following and win them new supporters.

    The Federal Government showed respect for the law by seeking a court order to hold him without trial for 90 days.  The court granted an order to hold him for 45 days, an indication that it did not share the government’s harsh view of the matter.

    Sowore should be brought to trial within that period if not earlier, or charged with any number of offences an inventive prosecutor can connect.  But not sedition, please.

    As the Court of Appeal held in the 1985 case of Arthur Nwankwo v The State, the law of sedition, the principal instrument with which the colonial administration sought  to suppress political discussion and debate, made sense only in a colonial setting and has no place in Nigeria’s 1979 Republican Constitution.

    And since the Supreme Court of Nigeria, the final judicial authority, has not pronounced on the matter, the best legal authorities are persuaded that the ruling on Nwankwo stands as the controlling law.

    In summoning his compatriots to revolution, Sowore fell back to a strategy that goes back to the colonial times, the most famous instance of which the veteran journalist and statesman, Prince Tony Momoh, reminded us the other day, following Sowore’s arrest.

    It centered on a public lecture organised by the Zikist Movement and presented on October 27, 1948, at Tom Jones Hall, in Idumota, in the central business district of Lagos, and was titled: A Call for Revolution,  and was delivered by Osita Agwuna, the movement’s deputy president.

    Determined to quicken the march toward freedom from colonial rule, the movement’s Central Committee decided to embark on a plan calculated to plunge the country into turmoil.  The lecture was to serve only as a preface.  Their calculation was that, following the lecture over which Dr Nnamdi Azikiwe, the NCNC leader and movement icon would preside, the colonial authorities would arrest Azikiwe on the spot.

    The arrest would set off a national uprising and lead the masses to engage in “positive action.” The jails would overflow with political prisoners. The country would be rendered ungovernable. In the event, the colonial authorities would be forced to cede more powers to Nigerians and fast-track Nigeria’s advance to statehood.

    That, at any rate, was the calculation of the Zikists.

    And the manifesto outlined in the lecture was so exorbitant even the most accommodating colonial overlord would have seen it as nothing less than a frontal challenge to its authority and indeed its very existence.

    Adherents of this new approach should see “nothing good” in cooperating with British rule, which was to be brought down through a boycott of foreign goods.  They should not enlist in the police and the army.  They should pay their taxes to the NCNC as the “new People’s Provisional Government.  Those of them going abroad to study should take courses in “military science.”  The employed among them should embark on a general strike.

    Zikist President Raji Abdallah had set the tone for the event with this declaration:  “I hate the Union Jack with all my heart because it divides people wherever it goes …  It is a symbol of persecution, of domination, a symbol of exploitation, of brutality …”

    Strong stuff, indeed.

    Ominously, Zik, who was to have chaired the occasion, was conspicuously absent.  He would explain later that he was too tired to attend, having led an NCNC mission to Ijebu-Ode earlier that day. Anthony Enahoro, who had already made a reputation as a crusading newspaper editor, fiery platform orator and pamphleteer, was drafted to chair the occasion, although he was not a Zikist.

    The lecture took place all right.  The colonial authorities did not pre-empt it, for that would have gone against their understanding of freedom of the press and of speech as explicated by the great English jurist, Sir William Blackstone, in his Commentaries on the Laws of England.

    Lay down no previous restraint. Let the agitators publish whatever they desire, Blackstone wrote; then, punish them for their temerity.

    That was exactly what the colonial authorities did. They rounded up the organisers of the lecture and indeed anyone who could be shown to have played any part in it, however tangential, charged them with sedition and, on conviction, despatched them to various prisons across Nigeria.

    The Zikists never recovered fully from The Tom Jones Hall outing. If those of them who escaped imprisonment did not feel betrayed, they were profoundly disillusioned that their idol, the object of their worship, disowned, then dismissed them as “fissiparous lieutenants and cantankerous followers.”

    I wonder how they had reacted on hearing Zik declaim as governor-general of Nigeria more than a decade later when Nigeria was granted independence from Britain “on a platter of gold.”

    They say the inconstant Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), who curiously survived the recent cabinet shuffle, has been busy combing the archives with a view to using the 1948 case as a playbook for prosecuting Sowore and his followers.

    That would be a futile endeavour.  The 1986 case of Arthur Nwankwo v The State should serve him as a better guide.

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  • Sowore faults claim he planned to topple govt

    Detained convener of #RevolutionNow, Omoyele Sowore has faulted claim by the Department of State Services (DSS) that he planned to topple the government of President Mohammadu Burahi with his planned protest.

    Sowore, who is being held by the DSS after it got a court order to detain him for 45 days in the first instance, categorically denied plotting to topple the government.

    He explained that his action was directed at expressing his displeasure with the current state of affairs in the country.

    Citing instances where the DSS had accused many prominent Nigerians, including President Buhari of engaging in treasonable acts for participating in street protest, Sowore denied receiving funds from any external sources as claimed by the DSS.

    Sowore’s position is contained in a document filed before the Federal High Court, Abuja by his lawyer, Abubakar Mashal.

    The document was filed on Tuesday in response to an earlier application by the DSS, claiming among others that Sowore plotted to topple the government.

    He said: “President Muhammadu Buhari and other leaders of the ruling party had led street protests in the past which the Applicant/Respondent claimed were planned to overthrow the federal government.

    “President Muhammadu Buhari led protest marches after each consecutive loss of the presidential elections won by Messrs Olusegun Obasanjo, Yar’adua and Goodluck Jonathan of the PDP in 2003, 2004 and 2014 but was neither arrested nor charged for planning to overthrow the government.

    “The respondent/applicant (Sowore) is not a coup plotter like the military officers who toppled elected governments in Nigeria in January 1966 and December 1983 and who were never arrested and prosecuted by the Federal government.

    “Based on the misleading advice of the applicant/respondent (DSS), any political leader who criticized the federal government has always been accused of engaging in sabotage, treason, treasonable felony or terrorism.

    READ ALSO: Detention order: Court to hear Sowore’s motion Wednesday

    “He (Sowore) did not plan a coup with anyone but he mobilised the Nigerian people including students and youths, workers, market women and other oppressed people to influence the federal government, the 36 state governments and 774 local governments to address the crises of corruption, maladministration, mismanagement of the economy and insecurity.

    “The present administration had promised to create one million jobs per annum, build one million houses per annum, end epileptic supply of electricity, end corruption and impunity and restructure the country, end insecurity and manage the economy in the interest of the Nigerian people.

    “Apart from failing to address these problems, the Muhammadu Buhari administration has compounded them in a manner that majority of Nigerians are frustrated.

    “Aside the myriads of challenges noted above, insecurity has increased to the extent that thousands of people have been killed by terrorists, kidnappers, armed robbers, armed herders, armed soldiers and armed policemen without any hope in sight.”

    Meanwhile the hearing of the application by Sowore, challenging his detention and a similar application by the Islamic Movement of Nigeria (INM) also known as Shiite Movement have been scheduled for Wednesday.

    Both cases are expected to be heard by Justice Evelyn Maha, sitting in Court 11.

  • ‘Northern governor planning to subvert govt’

    A FRONTLINE northern organisation, the Coalition of Northern Groups (CNG), has alleged that a sitting governor from the Northwest is masterminding a North’s version of the #RevolutionNow, led by detained Sahara Reporter publisher Omoyele Sowore.

    The coalition explained that unlike the botched #RevolutionNow, the proposed northern version is only aimed at promoting a mischievous 2023 political agenda of certain northern politicians. In a statement yesterday in Kaduna, the Coalition of Northern Groups advised the governor to shelve his planned protest or be exposed.

    Read Also: Four killed in deputy governor’s convoy

    The statement by the coalition’s spokesman Abdul-Azeez Suleiman said the planned agitations and disturbances are part of a wider agenda to destabilise the polity. It added that this would cause a change of structure in the Presidency to suit the plan of the governor, by whatever means and tactics.

    CNG said: “Our attention was called to trending reports that a certain fake, fringe and obscure Joint Northern Action Front is mobilising the North to revive the violent and counterproductive #RevolutionNow in northern parts of the country.

    “The #RevolutionNow was politely rejected by the North in view of its pronounced sinister intention of forcefully overthrowing the current democratic government of the Federal Republic of Nigeria.”

     

  • DSS: Sowore plotted to topple govt

    THE Department of State Services (DSS) has said its investigation revealed that #RevolutionNow was a smokescreen for the actual intention of Omoyele Sowore, the candidate of the African Action Congress (AAC) in the last presidential election, and his allies “to topple the government of the Federal Republic of Nigeria”.

    The DSS said it was engaged in a painstaking investigation into Sowore’s activities in view of the quantum of evidence gathered.

    The service said it may return to court to seek an extension of the 45 days granted it by the Federal High Court, Abuja, to detain him.

    The security agency stated this in a fresh document it filed at the Federal High Court on Monday in response to an application by Sowore challenging the court’s order, granting the security agency 45 days to detain him pending investigation.

    In the counter-affidavit deposed to by Godwin Agbadua, an official of the DSS, it was stated that Sowore  was arrested on reasonable suspicion of having committed a capital offence, upon his alleged involvement in terrorists’ activities.

    “The respondent/appllcant (Sowore) planned to violently change the government through the hashtag RevolutionNow. The respondent/appllcant hid under the cover of call for mass protest with the hashtag RevolutionNow to mislead unsuspecting and innocent members of the public into joining him to topple the government of the Federal Republic of Nigeria

    “In his plot to topple the government the respondent/applicant held series of meetings with members at a prescribed terrorists‘ organisation, Indigenous Peoples of Biafra (IPOB) with a view to mobilising strong forces to realise his agenda at changing the government

    “The respondent formed an alliance with a fugitive, Nnamdi Keno, a self-acclaimed leader of the proscribed terrorists group, Indigenous People of Biafra (IPOB), to launch series of attacks on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria

    “After series of closed-door meetings between the duo in the United States of America, they addressed a press conference wherein they both stated their resolve to form alliance against the Nigerian government, The duo stated that they have a well planned out strategy to realize their objective, which is toppling the government.

    “The applicant/respondent is investigating the activities of the respondent applicant as it relates to a terrorists organisation, IPOB. The facts show a conjecture between the respondent/applicant and IPOB activities.

    “There is the need for the applicant/respondent to investigate such reasonable suspicion of the relationship between the respondent/applicant and IPOB.

    “The respondent held series of meetings with some foreign collaborators outside Nigeria including Dubai where millions of dollars were given to him to sponsor a widespread attack on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria and freeing Ibrahim Yaqub ElZakzaky (Shaikh).

    “In furtherance to the plans to violently free Elzakzaky from lawful custody. the respondent held several meetings with a proscribed terrorists organisation. Islamic Movement in Nigeria (IMN) where they strategized on how to carry out attacks to force the government to free Elzakzaky.

    “The respondent stated in one of his videos that Shiite members, who are members of the proscribed terrorists group, IMN were going to join forces with him in bringing down the government. The statement and the meetings of the respondent/applicant raises issue of grave suspicion of supporting a proscribed terrorists’ organisation, IMN.

    Read Also: NLC to govt: release Sowore, others

    “The suspicions require diligent investigation by the applicant/respondent. The planned action constitutes a threat of violence to intimidate or cause panic in members of the public as a means of affecting political conduct

    “The investigation is still ongoing.  Upon the completion of investigation, the case file will be forwarded to the office of the Attorney General of the Federation for advice and possible prosecution,” DSS said.

    Also, a Federal High Court in Lagos yesterday declined to order the release of Sahara Reporters Publisher Omoyele Sowore and other detainees for their participation in the August 5 #RevolutionNow protest.

    Vacation judge Justice Nicholas Oweibo said he needed to first hear from the Federal Government, the Department of State Services (DSS) and the Inspector General of Police (IGP).

    He ordered the DSS and IGP to appear before him on September 4 to show why Sowore and other protesters in detention should not be immediately released.

    The judge also ordered Lagos lawyer Mr Olukoya Ogungbeje, who filed the ex parte application seeking the detainees’ release, to put the IGP and DSS on notice.

    Ogungbeje, who said he participated in the #RevolutionNow protest but was not arrested, filed the application on behalf of himself and other participants.

    The lawyer prayed the court to declare as “unconstitutional and illegal police clampdown on the protesters and the arrest of Sowore by the DSS”.

    He also sought an order for the immediate and unconditional release of those arrested and detained.

    Joined as respondents in the application are: the Federal Government, the DSS and the IGP.

    On why the arrested persons should be immediately and unconditionally released, Ogungbeje said: “There has been a grave constitutional infraction committed by the respondents against the applicant and other persons who engaged in the peaceful protest for good governance in Nigeria.”

    The lawyer said he was deprived of his constitutionally guaranteed right to peaceful assembly and association and the right to freedom of expression.

    “On August 3, 2019, the Convener of the protest, Mr Omoyele Sowore’s home was forcefully invaded and put under siege; he was arrested, whisked away and detained in the detention facility of the second respondent (DSS).

    “Mr Sowore has not committed any offence known to law to warrant the infringement and likely infringement of rights by the respondents.

    “By engaging in the peaceful protest, the applicant and other persons have not committed any offence known to law to warrant the treatment meted out to them by the respondents and their agents,” he said.

    Ogungbeje urged the court to order the immediate release of those arrested and detained.

     

  • Revolution When?

    The story of a revolution can be strange. Sometimes it can start because of pepper like the Yoruba Wars that changed the face of the tribe, even some say Nigeria, forever. Bread can provoke it as in the rumble of the French Revolution that capsized the history of Europe and even civilisation.

    Or the killing of a mere duke as in the Sarajevo potentate. It sparked the First World War that altered the course of the 20th century. Or even because of the svelte vanity of a belle known in myth as Helen of Troy. For her puff of passion, men growled in randy waves and set off a revolutionary conflict. The Poet Homer memorialised it into an epic of the Greek world in The Illiad.

    Nor is the meaning of revolution so easy to understand. When a mere coup happens, or when a king dies, some say it is enough to pass that definitional muster.  Yet on fewer occasions in history do actors in a revolution know they are fermenting a fundamental change. They tend, as historian David Thomson noted, to pursue a narrow goal, maybe to bring down the price of bread as in the French turbulence. But they end up winning the big prize, which is a change of system.

    When they start, the players expect to attain a goal, in their lifetime they achieve a second, but history proves they have accomplished a third. Such is the facile virtue of human life. So when Omoyele Sowore blustered about a revolution, did he really know what he meant? Did the DSS really go to school and studied the ages of revolution? It is one of the clichés of the world. But we know it when we see it.

    The Sowore case was a comedy before the DSS made it a farce. It was like Malvolio in Shakespeare’s Twelfth Night in which a servant permitted himself the grandiose self-belief that he could marry the countess. In her case, the countess locked up Malvolio for delusion of grandeur, not a threat to her chambers. In our case, the DSS locked up Sowore, making the Shakespeare’s play to cry for a sequel. Sowore had a mere 33,000 votes compared to Buhari’s millions. So, how come the mighty is afraid of the scanty? It is one of the ironies.

    Another irony is that the DSS is supposed to know if Sowore had the capacity to foment a revolution. Was he armed? Where is the evidence? They arrested him first, and then sought evidence to justify it. We can recall the case of Aikhomu when IBB arrested a certain business mogul. The then IBB deputy announced that the government was going to jail Umana. His press aide Nduka Irabor pointed out he had to be prosecuted first. Aikhomu, acting as though he had acquired new wisdom, quipped: “Yes, we will try him and then jail him.” He did not know he had become at once the prosecutor and judge. In a military era, what did we expect? But in a democracy, that chapter is haunting our DSS.

    Read Also: Sowore urges court to vacate detention order

    Did it occur to them that a man who could not pull an ant’s percentage of Buhari’s voters could not stir the country, a man who is even in crisis in his own party over how he spent election funds? A man who was also suspended by his party for playing monkey with its money? He may be innocent, but the charge hangs over him. So he could not mobilise the party that gave him that small following. When threatens to overthrow a leviathan on a video announcement?

    Again, what was special about Sowore’s? Yes, he uttered reckless words, but they were empty. In democracies, we are stronger when we allow free speech than when we muzzle it. Free speech, especially of the reckless sort, tends to amount to nothing because of the greater resilience of democracy. He has his say, but we all go our ways.

    Did we not witness a few years ago the world-wide Occupy movement, triggered in the United States. Did they occupy anywhere other than the geographic spaces of their protests? Did we not have it here? Did we not see Oby Ezekwesili in her protests? Did she threaten the system? Did Buhari himself not lead protests in his quests to be president? Did he not utter the blood and baboon rhetoric? Did it overthrow the system?

    The DSS cast a vote of no confidence in itself by arresting and lionising the online publisher. It showed that it had no facts to work on. The sort of lack of intelligence has been exhibited in the Boko Haram, in the surge of banditry, in the kidnaps, et al. Rather than focus on where it has failed mightily, it is working up itself and the nation into a meaningless frenzy over a fringe revolutionary. Even when the protests were to happen, it became the news of police impunity rather than the protesters who were probably too few to raise any dust.

    Revolution Now slogan was sweet but impotent. It has made Sowore into a sort of counterfeit Che, with the sense of messianic impatience. He is tapping into a malaise in the land, with hunger, fear and despair tearing apart many homes today. He seems to be making himself into the urgency that John F. Kennedy uttered: “If not us, who? If not now, when.” Hence his “Now.” But revolutions are not a matter of logic. It does not happen because the people are in deep distress, or because it seems ripe. As Lenin noted we can have a revolutionary situation without a revolution. Marx thought his revolution would happen in England or Germany, but Russia held the torch. Nigeria has been ripe for revolution since I was a school boy. It seems riper now, but it guarantees nothing. Revolutionaries must address our joint pains and know how to bring us jointly to treat them.

    The irony is that revolutions tend to happen when the people see that things are getting better. In our case, they are getting worse. As Tocqueville explained, “in a revolution, as in a novel, the most difficult part to invent is the end.”

    It can be in the people’s minds, but it may just be a wish. John Adams said the American Revolution was “in the minds and hearts of the people.” They were fortunate. We are not yet.  When Lenin was in Switzerland,   he had many self-doubts and enemies within the revolutionary circuit. Nobel laureate Alexandre Solzhenitsyn, no friend of Marxists, novelised Lenin’s lonely moments in his book, Lenin in Zurich. Some of the men Lenin did not like he described as revolutionary cretins.

    We may have a lot of cretinism today in the civil rights and revolutionary society in Nigeria. A few of course are genuine. We should not treat them by locking up, but by addressing the concerns of democracy. And just as Fred Hampton wrote, “You can jail a revolutionary, but you can’t jail a revolution.” Ask Mandela in his grave.

     

  • Not yet the revolution

    The François Alexandre Frédéric de La Rochefoucauld, Duke of La Rochefoucauld, a French social reformer, had, in answer to the question asked by King Louis XV1  in the morning after the storming of the Bastille in 1789: “Is it a revolt?”replied: “Non sire, ce n’est pas une révolte, c’est une révolution.” (No sire, it’s not a revolt; it’s a revolution).

    That means there is a wide world of difference between a revolt and a revolution. So, what Omoyele Sowore and his gang of ‘revolutionaries’ said was going to be a revolution when they took to the streets in some major cities of the country on August 6 was nothing near a revolution; I do not even know if it qualifies for a revolt if we see revolt as an attempt to end the authority of a person or body by rebelling, usually violently.

    If there is any word the elite, whether political or business elite detest, it is that 10-letter word ‘revolution’. I have had cause to narrate my experience on this page a few years back when I was member of a committee charged with the responsibility of drawing up a programme for a landmark anniversary of my society in my church of birth. Innocently, we included ‘prayer warfare’ (a spiritual revolution, if we can call it that). I remember that aspect of the programme was shot down immediately it got to the general house, even before we could say ‘Jack Robinson’. I think it was replaced with something like ‘prayer session’, which, to myself and some of the committee members then was meaningless, or at least too soft, in the contest of what we were up against in the church at that time. Pray, what is wrong in having ‘prayer warfare’ in a church programme? Does the scripture itself not say that, as Christians, we are waging wars against powers and principalities?

    If we could have such hurdle in church concerning a concept that is well grounded in the scriptures (at least so we thought), it would appear that Sowore did not reckon with the implication of what he was contemplating when planning his ‘revolution’ in Nigeria.

    Although freedom of protest is one of the packages that come with democracy, the point remains that that freedom, like most other freedoms, is qualified. There is no absolute freedom anywhere in the world. Sowore did not help his cause with his utterances, and, no government properly so-called will open its eyes and allow such unguarded statements go unnoticed. Hear him: “I’m not talking of protest. I’m embarking on revolution. Eighty-five per cent 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.” When a child begins to threaten that when he grows up, he would be using pigeons’ laps as chewing stick, for sure; the pigeons would ensure that such a child never gets old enough to carry out that threat. When you threaten to ‘bundle a sitting president out of office without having the capacity to carry out such threat, you can only succeed in putting yourself in harm’s way. Wherever Sowore got the 85% of Nigerians that he said were behind him!

    Now, if he is to spend the next 45 days in detention, it is probably due to his careless utterances. His utterance reminds me of one of the old plays of Moses Olaiya Adejumo, alias ‘Baba Sala’ who, in the course of the play said he could slap a masquerade, slap a policeman and cap it all by stoning a judge! (Mo le gba eegun leti, ma gbolopa leti, ma tun wa so’ko lu adajo!)  Sowore had not only disrespected the government of the day by that singular statement, he also did not show enough respect for the courts. I haven’t much issue about his disrespect for the government of the day, but to join the judiciary is not something we should condone because he should have known too that that is where the matter would end. He therefore should not have fouled the air with such statement about the courts. Not even the ragtag followers of El-Zakzaky would have been that reckless. In spite of their lack of education, or a limited version of it, they still talk with some modicum of respect for the courts.

    I wonder why anyone should pity someone who said (with his mouth) that he did not care about the legal implications of his action, or what a judge would say. I think Justice Taiwo Taiwo of the Abuja Division of the Federal High Court was even magnanimous in granting the Department of State Services (DSS) 45 days to detain him, as against the 90 days that the secret police asked for. If the judge had acted on impulse, and based on Sowore’s careless talk, he might have been tempted to grant the full prayers of the DSS. But there is nothing to suggest that Sowore would not spend more than 45 days in detention as the judge said the period could be extended if the DSS is unable to conclude its investigations by that time. Although some eminent (and not so eminent lawyers) have criticised Justice Taiwo’s order, the point is that unless it is reversed by a higher court, that, at least for now, is the position of the law.

    The takeaway in all of these is not only for Sowore, it is also for all those who might be contemplating his course of action.

    But nothing I have said should be misconstrued as saying all is well in the country. Many Nigerians are dissatisfied with the present state of affairs, no doubt. Virtually all the problems the present government inherited in 2015 are still there: poor power supply, prostrate economy, intolerably high unemployment, terribly bad federal roads, education is still in a shambles, the health sector is also in bad shape, etc. Even with governments with the unanimity of opinion that they have done fairly well, it still would have been somewhat nervous when someone talked of staging a revolution. This would seem the reason the government itself was unwilling to leave nothing to chance. It would seem the reason the police went all out to stop the planned protest, battering some of the protesters and even arresting journalist whose sin was covering the protest for their respective media. The only good thing was that no life was lost during the protests. Even the government gave itself a pat on the back that the protest flopped.

    That the government had such phobia is understandable. The insecurity in the land is enough cause for worry. Although the activities of Boko Haram appear to have been drastically contained, the country has since been faced by another serious security issue; that of kidnappers. It is as if criminals have since discovered that this pays far more than armed robbery or even insurgency. The rate at which all manner of arms find their way into the country is also baffling.

    That the Muhammadu Buhari government inherited a mess is not in doubt. But whether it has discharged itself creditably in the first four years is debatable. That the government tried to kill an ant with a sledge hammer in its reaction to the protests is also not in doubt. But this can be understood, at least in the context of the prevailing circumstances.

    However, beyond the power of coercion which the Federal Government wields, and which it has successfully used against Sowore, we should not throw the baby away with the bath water. The most rewarding way the government can make nonsense of the ‘revolution now’ protest is to resolve to address the country’s socio-political and economic problems in a way that would bring forth fruitful results. Sowore might not have had the numbers he claimed to have before staging the protest, but the government would be helping him to win more recruits if it does not settle down to vigorously address the challenges plaguing the country, and which have, despite its potential, condemned it to the poverty capital of the world.

    Ordinarily, President Buhari should not be disturbed by a man who polled a miserly 33,953 votes in the last presidential election where the president polled over 15,191,847 votes. President Buhari would be making Sowore a hero if by the time we are to mark his examination scripts in 2023; he has failed to make the desired impact on our lives. Unless President Buhari has realised the enormity of the work that needed to be done, I am afraid, the speed and approach of his first term cannot take him or the country anywhere. He should work towards rendering Sowore and his gang jobless before the next elections.

    For now, Sowore’s #RevolutionNow seems tomorrow’s idea here today. Revolutions are hardly planned. They naturally occur when the time is ripe for them.

  • Sowore urges court to vacate detention order

    The convener of #RevolutionNow,  Omoyele Sowore has asked the Federal High Court in Abuja to vacate the order it made on Thursday, granting permission to the Department of State Services (DSS) to further detain him for 45 days in the first instance.

    Operatives of the DSS arrested Sowore, who is the publisher of Sahara Reporters and presidential candidate of the African Action Congress (AAC) in the February 2019 elections, in the early hours of August 3, 2019 in a hotel in Lagos.

    On August 8, 2019 Justice Taiwo Taiwo, who is sitting as the vacation judge at the Federal High Court, Abuja, ruled on an ex-parte motion by the DSS and granted the agency leave to further detain Sowore for 45 days in the fisrt instance.

    The DSS had applied for 90 days.

    But, in a motion filed on Friday by is team of lawyers, led by Femi Falana (SAN), Sowore is seeking an order “setting aside, discharging and/or vacating the ex parte order of this Honourable Court for the detention of the Respondent/Applicant for a period of 45 days made on the 8th August, 2019, Coram: Taiwo Taiwo J, in Suit No: FHC/ABJ/CS/879/2019 between State Security Service V. Omoyele Sowore.”

    It is Sowore’s contention that the said order breached the fundamental right provisions of the Constitution

    “The detention of the respondent/applicant for an initial 4 days period before the grant of the ex-parte order is illegal by virtue of Section 35 of the 1999 Constitution (as amended).

    “The order ex-parte brought pursuant to Section 27 (1) of the Anti-Terrorism Act, 2013 was obtained by the applicant/respondent to legalise an illegal detention by the applicant/respondent.

    “The applicant/respondent dumped the video evidence in support of its application on the Honourable Court whilst the learned trial judge watched same in his chambers and not in the open court.

    “The respondent/applicant was arrested on Saturday 3rd August, 2019 before the planned protest that took place on Monday 5th August, 2019 while he was already under the custody of the Applicant/Respondent.

    “The persons, who participated in the protests of 5th August, 2019 have been charged with unlawful assembly at the Magistrate Courts at Ebute-Metta, Lagos State and Calabar, Lagos State.

    “The applicant/respondent had concluded investigation of this case and announced its findings.

    “The respondent/applicant had also volunteered statement to the applicant/respondent.

    “At the time of the hearing of the motion ex-parte, the respondent/applicant was in custody of the applicant/respondent at Abuja, within the jurisdiction of this honourable court.

    “The day the motion ex-parte was filed at the registry of this honorable court, the respondent/applicant was allowed by the applicant/respondent to consult his counsel, Mr. Femi Falana, SAN on phone.

    Read Also: Court okays Sowore’s detention for 45 days

    “The motion ex-parte was predicated on suppression and misrepresentation of material facts.

    “The motion ex-parte constitutes a gross abuse of the process of this honorable court.

    “The applicant/respondent motion exparte filed 5th August, 2019, did not disclose any fact capable of linking the respondent /applicant to any terrorism activity.

    “In the same vein, the motion filed 5th August, 2019 did not in the supporting affidavit allude to facts linking the respondents/applicants to any terrorism activity.

    “The applicant’s detention has exceeded the maximum period a court of law can allow the respondent to detain the applicant in accordance with the provisions of which only empowered the Applicant/Respondent to detain the Applicants for a maximum period of two months from the date of their arrest.

    “The order made on 8th August, 2019 was based on a wrong presumption and mistake that the complaint against the respondent therein relates to terrorism.

    “By virtue of Section 293 of the Administration of Criminal Justice Act, 2015, an application for the remand of any suspect is to be made before a Magistrate Court.

    “By virtue of the actions of the applicant/respondent, the respondent/applicant’s right to  life, dignity of human person, health and freedom of movement are under threat as same is currently being violated by the respondent without any justification known to law.”

  • APC: revolution call treasonable

    THOSE promoting #RevolutionNow protests are enemies of the country, the All Progressives Congress (APC) has said.

    It also insists that the call for a revolution by the arrowhead of the coalition, Mr. Omoyele Sowore, is a trasonable offence which no government will declare as a non- issue.

    In a statement on Thursday by its National Publicity Secretary, Malam Lanre Issa-Onilu, the APC described all those collaborating with the candidate of the Allinace for African Congress (AAC) candidate in the February 23 presidential election, as cowards.

    Issa-Onilu said while the right to peaceful protest was a given under the Nigerian laws, a call for a revolution was no doubt a call for a forceful takeover of a legitimate government which no government will accept.

    The statement reads: “All Progressives Congress (APC) calls on Nigerians to reject the toxic messages and criminal antics of some individuals and partisans who have embarked on a campaign of calumny against the government and are calling for a forceful takeover of government. They are cowards and enemies of Nigeria.

    “The recent arrest of Mr. Omoyele Sowore by the Department of State Services (DSS) must be seen for what it is — a legal and timely action by our security services to protect our democracy and protect the country and its citizens against any action that threatens our collective peace and safety.

    “Predictably, some desperate individuals, sore losers, and their sympathisers are acting in vain trying to pull wool over the eyes of Nigerians.”

    He berated the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Abubakar Atiku, for allegedly backing “unpatriotic elements who would rather bring our country down for being rejected at the polls.”

    The APC spokesman went further: “The desperate attempt to politicise a legitimate action by the security agencies and futile effort to spread falsehood to create chaos in the country are clearly irresponsible actions. We call on Nigerians to look at the issue of Sowore’s arrest dispassionately, devoid of the skewed narratives and sentiments being propagated by these individuals.

    Read Also: Jonathan: APC can’t win in Bayelsa

    “Sowore arrived the country recently and openly threatened a revolution against a constitutionally recognised and legitimate government. Should the DSS and other security services have dismissed the declaration and the underlying implications as a non- issue? No intelligence/security agency worth its calling takes issues like this with levity.

    “From elections to governance and general conduct, the President Muhammadu Buhari-led administration has demonstrated its adherence and defence of the rule of law over politics and sundry interests.

    “Again, on the safety of Nigerians, the current government has been decisive in addressing any action that threatens the country’s unity, peace and our democracy. Sowore’s arrest is another testament to our unshaken resolve in this regard.

    “The right to a civil protest is a given. However, it should not be construed to mean the same thing as a revolution to forcibly take over government.

    “This makes it necessary to put the act of a revolution in context, at least by the proclamation made by Sowore and his co-travelers. Revolution means to forcibly overthrow a government through rebellion, revolt, insurrection, mutiny, uprising, insurgency, coup.

    “Nigeria is not a banana republic. We are a country with a democratically-elected government, governed by laws. Our laws are clear on Sowore’s actions. It is treason. No one should be allowed to get away with any attempt to destabilise this country.

    “We must remind ourselves that the same Sowore who attempts to lead a revolution had a legal opportunity during the 2019 Presidential election as a candidate to sell his governace ideas, if any, to the electorate. He failed woefully in that attempt, coming a distant sixth with 33,953 votes compared to the winner, President Muhammadu Buhari, who polled over 15 million votes.

    “Sowore and some of his co-losers have now resorted to an illegal and misguided plot to destabilise the country. Their plan is dead on arrival.

    “We reiterate that our laws are clear on all criminalities and Nigerians expect that the enforcement of relevant laws should apply to every Nigerian, irrespective of class and status. This government would not be found wanting where it is required to take decisive actions.

    “Finally, the effects of instability being championed by these cowards and enemies of Nigeria are disastrous. The same proponents of a forceful takeover will be the first to flee the country with their loved ones while the ordinary Nigerian suffers the disastrous consequences. Nigerians beware.”

  • #RevolutionNow: 90-day detention must be challenged, says Falana

    Is it constitutional for a judge to order the detention of a citizen for 90 days as provided under the Terrorism Prevention Act? Activist-lawyer Mr Femi Falana SAN said on Thursday that it is time to find out.

    Falana said the detention of the convener of #RevolutionNow protests, Omoyele Sowore, has provided that opportunity.

    A Federal High Court in Abuja on Thursday granted a Department of State Services (DSS) request to further detain Sowore for 45 days pending the conclusion of its investigation.

    The DSS had applied for a 90-day order, but Justice Taiwo Taiwo exercised his discretion and slashed the period by half in the first instance, noting that it could be renewed upon an application.

    In the motion ex-parte brought by the DSS under Section 27(1) of the Terrorism (Prevention Amendment) Act, the agency accused Sowore of engaging in acts of terrorism.

    According to Falana, the country’s human rights credentials was at risk of worsening under a democratically elected government, than “under the worst military dictatorship” if the 90-day order is legitimized.

    Read Also: Falana warns against continued detention of El-Zakzaky

    He said: “I met Mr. Omoyele Sowore in detention yesterday (Wednesday). He is in high spirits. In anticipation of today’s (Thursday’s) ruling, he had instructed us to challenge the refusal of the SSS to charge him with the alleged offences of terrorism or treason within 24 hours of his arrest as stipulated by Section 35 of the Nigerian Constitution. More so, that some of those who participated in the Revolution Now protests in Lagos and Calabar have since been charged with unlawful assembly and breach of the peace!

    “It is, however, pertinent to note that the Terrorism Prevention Act as amended which empowers a judge to order the detention of a citizen for a period of 90 days was not enacted under the Buhari regime. It was enacted by the national assembly in 2011 and amended in 2013. But it has never been invoked to justify the detention of placard carrying protesters in any part of the country!

    “We had convinced the authorities to repeal the obnoxious provision of the Act. Instead of acceding to our request the national assembly enacted the Administration of Criminal Justice Act, 2015 which permits a pre-trial detention period of 14 days subject to renewal.

    “No doubt, the Sowore case provides an opportunity to test the constitutional validity of the 90-day detention period.

    “Even under the worst military dictatorship in Nigeria the maximum detention period was three months subject to renewal by the detaining authorities.  Our situation should not be worse under a democratically elected government.”