CONVENER of the #RevolutionNow protest Omoyele Sowore and a defendant, Olawale Adebayo Bakare (aka Mandate), were on Monday returned to the custody of the Department of State Services (DSS).
A Federal High Court in Abuja ordered the remand after Monday’s proceedings and fixed Friday for the hearing of their bail application.
The duo had been in the DSS custody since August 3 after Sowore’s arrest, prior to the day set for the protest in some cities across the land.
Sowore and his co-defendant are charged with conspiracy in the suit marked: FHC/ ABJ/CR/235/2019, money laundering, cyber-stalking and allegation that the African Action Congress (AAC) candidate in the February 23 election insulted President Muhammadu Buhari.
They are alleged to have committed the offence of conspiracy to commit treasonable felony, contrary to section 516 of the criminal Code Act Cap C38 Laws of the Federation of Nigeria, 2004, and punishable under the same section of the Act.
The charge reads: “That you Omoyele Stephen Sowore , Male Adult of No 1 Mosafejo Street, Kiribo, Ese-Odo LGA, Ondo State, Olawale Adebayo Bakare (aka Mandate) Male, Adult of Olaiya Arca, Oshogbo LGA Osun State and others at large, under the aegis of Coalition for Revolution (CORE), sometimes in August 2019 in Abuja, Lagos and other parts of Nigeria within the jurisdiction of this honourable court, did conspired amongst yourselves to stage a revolution campaign on 5th day of August 2019 tagged #RevolutionNow” aimed at removing the President and Commander -in-Chief of the Armed Forces of the Federal Republic of Nigeria during his term of office otherwise known than by constitutional means.”
The prosecution accused Sowore of committing “cyberstalking”, contrary to section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention) Act, 2015 and punishable under the same section of the Act.
Sowore was alleged to have on April 2, at Lagos and Abuja, transferred by means of swift wire, the sum of $19, 975 from his United Bank of Africa Plc Account No. 3002246104 credited by City Bank, New York City, USA, into Sahara Reporters Media Foundations GTB Account No. 0424048298 with the aim of concealing or disguising the illicit origin of the funds,
It further alleged that he also transferred $16, 975 from the same UBA Account credited to him by LANDRUM of 7e 146 W 29 Streeet, New York, NY10001, USA, via City Bank Plc, the aim to conceal the illicit origin of the funds.
It was learnt on Monday that the prosecution has lined-up six witnesses against the defendants, including bank officials from UBA and GTB.
The DSS had, while applying for an order to remand Sowore, told the court that Sowore got foreign sponsorship to wage war against the administration of President Muhammadu Buhari.
It tendered evidence to prove that Sowore held meetings with both the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu and members of the proscribed Islamic Movement of Nigeria, (IMN).
The court’s decision to return Sowore and Bakare to the DSS custody followed the plea by their lawyer, Adeyinka Olumide-Fusika (SAN) that the defendants preferred the DSS custody to either Suleja or Kuje prison.
At the commencement of Monday’s proceedings, Sowore and Bakare declined to plead to the seven-count charge brought against them by the Federal Ministry of Justice on the grounds that the government was in breach of a subsisting order of the court for them to be released on bail.
Objecting to the defendants’ arraignment, Olumide-Fusika urged the court not proceed with the arraignment because the DSS has kept Sowore in its custody since August 3 and prevented the defendants from consulting with their lawyer after the charges were filed.
The defence lawyer, who frowned at the conduct of the DSS for allegedly refusing to obey court order, argued that “no body, no matter how mighty, is above the law.”
Olumide-Fusika urged the court to protect its integrity by refusing to allow the arraignment, arguing that the state has continued to disobey the order made by the court on September 24, 2019 for the release of the defendants.
He added that lawyers to the defendants were denied the opportunity to interact with their clients since the charge was served on them, and that the DSS ought to have obeyed the order of the court before approaching the court for any benefit.
Olumide-Fusika said: “When we served them with forms 48 and 49, they went to the press to say they will petition against the Judge before the NJC. It is not appropriate to say we are talking to the press.
“We were in their office. They did not tell us they will be arraigning the defendants in court today. We got to know of it on the pages of newspaper that they will be arraigned today.”
In a counter-argument, prosecution’s lawyer Hassan Liman (SAN) urged the court to disregard the defence’s objection to the planned arraignment.
Liman insisted that what was more important was that the defendants have been served with the charges and were present in court.
He contended that the order, referred to by the defence lawyer, had lapsed since the defendants had been produced in court for arraignment.
Liman said it was unfair for the defence lawyer to say he was not aware of the charge, which was served on the defendants.
He urged the court to allow the defendants’ plead to the charge, adding that it would be a disservice to the administration of criminal justice to say that the defendants will not take their plea.
Liman added: “The court of law is a very serious place of business and not where we play to the gallery and talking to the press.”
In a ruling, Justice Ijeoma Ojukwu overruled the defence and ordered that the defendant’s pleas be taken in respect of the charge.
Justice Ojukwu was of the view that there was nothing wrong for the defendants to plead to the charge.
Following the ruling, the defendants pleaded not guilty to the counts relating to each of them in the charge.
After the defendants’ arraignment, Olumide-Fusika (SAN) prayed the court to allow Sowore to be allowed to continue with the bail earlier granted him by Justice Taiwo Taiwo, on September 24 and for the second defendant to be allowed on a fresh bail, a request the judge rejected.
Justice Ojukwu said since the bail earlier granted Sowore was not predicated on the charge now before her, a fresh bail should be prayed for, since the defendants have now been arraigned before the court.
The judge said the defendants must also formally request for bail by filing formal written applications, but not to apply orally.
Justice Ojukwu ordered the defendants to file formal bail application, which should be served on the prosecution.
The judge asked the defence lawyer to choose between Kuje and Suleja prisons, where his clients should be remanded pending the next hearing date.
In response, Olumide-Fusika urged the court to allow the defendants to return to the custody of the DSS, a request the judge granted and adjourned until October 4, 2019 for the hearing of the bail application.
While being led out of the courtroom, after the proceedings, Sowore, dressed in a shirt and a pair of trousers, tried to address a battery of reporters, who had gathered and positioned their gadgets, including cameras and microphones, at the foyer of the fourth floor, directly opposite the entrance to the courtroom.
He was, however, prevented by security men, who led him on. As he was being led out of the court room, Sorowe kept speaking, urging Nigerians to rise against bad governance.
His supporters, who attended the court session, hailed him and condemned the way the government was treating their leader.
The defendants were led straight into a security vehicle parked right by the foot of the entrance to the court building.