A flurry of angry reactions has greeted the ruling of the Federal High Court which granted the Department of State Services (DSS) permission to detain the convener of #RevolutionNow protests, Mr. Omoyele Sowore.
The DSS yesterday had sought an ex parte order in a motion (FHC/ABJ/CS/ 915/19) to hold Sowore for 90 days, pending the conclusion of its investigation on Sowore’s alleged attempt to change the present administration by means other than constitutional.
Justice Taiwo Taiwo who granted the prayer of DSS, however, permitted the complainant to hold the accused for only 45 days which started counting yesterday and elapses on September 21, next adjourned date.
Besides, he said if at the end of the 45 days, investigation was yet to be concluded, the plaintiff could apply for a fresh order but must not keep the accused without an order of court.
Reacting to the development, the European Union ambassador to Nigeria, Mr. Ketil Karlsen, said the organisation “stands firm on the principles of freedom of speech.”
“It is important in any democratic society for people to be able to participate.
“I am not aware of any petition following the latest events in Nigeria but what I can say is that as long as people seek peaceful means to demonstrate and voice their political opinion, this is what we see as a natural part of a thriving democracy.
“Any democracy or any society in the world must jealously guard and make sure that such pronouncements are always non-violent and that they respect the fundamental rules of the game and democracy at the end of the day.
“It is for the Nigerian justice system, in the end, to follow up on specific cases. And as long as these cases are being dealt with in the Nigerian justice system, it is not for the EU or the EU ambassador to judge what is right or wrong on these occasions.
“But of course, we always follow very carefully when there are dissenting voices in the countries where we operate and we listen very carefully to all of them,” said Karlsen.
Also reacting, a constitutional lawyer, Mr. Mike Ozekhome said Sowore’s detention is bad news for democracy in Nigeria because the ex parte application was made and granted ex-parte Sowore’s back.
“The court-ordered detention of Omoyele Sowore on the application of the federal government is bad news for democracy and human rights, especially because the application was made and granted ex parte (behind Sowore’s back).
“What was the extreme urgency in the matter (usually the main grounds for granting ex parte orders) that the Judge couldn’t order the government (who, in any case was already detaining Sowore) to put him on notice?” Ozekhome queried.
He condemned the judge’s ruling saying he “wrongly exercised his discretion,” and that he did not decide the case “judicially and judiciously.”
“Didn’t we, civil society and labour leaders, during successive military hunts and also during Obasanjo’s presidency, serially called for ‘revolution’, without any arms and ammunition?
“What happens to our citizens’ fundamental rights to freedom of speech, assembly and association as guaranteed by sections 39 and 40 of the 1999 Constitution and the African Charter on Human and Peoples Rights?
“What happens to the Court of Appeal’s decision in IGP V ANPP, where it was held that no Nigerian required police permit to demonstrate and protest peacefully on the streets of Nigeria?
“To me, what all this boils down to is an intolerant government that is gravely and pathetically allergic to respect for human rights,” he said.
He said what the is detained for does not amount to treasonable felony as espoused by the federal government, adding that even President Muhammadu Buhari had in the past made similar calls and was never detained.
“Do this amount to treason or treasonable felony? Do you announce a “revolution,” if not for the mischief of some people deliberately reading the word literally rather than figuratively? Didn’t President Muhammadu Buhari in 2014 call for a “revolution” in Nigeria during campaigns for presidency? Didn’t Chief Bola Tinubu in 2011 call for a “revolution”? Were they interpreted literally to mean actual overthrow of the then government of President Goodluck Jonathan?
“The court could also have ordered Sowore to show cause why he should not be detained for 45 days. I think it was discretion wrongly exercised, not having been exercised judicially and judiciously,” he added.
Similarly, Afenifere, in a statement by its spokesman, Yinka Odumakin, said held that Sowore was held illegally using the legal process
“We are aware of that obnoxious provision in the Terrorism Act, but it can never assume superiority over the constitution, which stipulates that a citizen cannot be detained for more than 48 hours before being charged to court.
“Sowore was arrested before he could commit an offense and the Department of State Services (DSS) seems to want to go shopping for evidence to prosecute him.
“Having failed to allow him to commit the offence before he was peremptorily arrested, the DSS should free Sowore or charge him to court so the judicial process can take its course.
“Sowore is only being held illegally using the legal process. Our advice to the government is that it should understand and act in conformity with democratic tenets in dealing with the rights of Nigerians.”
It its reaction, Ohanaeze Ndigbo sued for caution saying every Nigerian has the right to express his views on governance.
For the former deputy national publicity of the All Progressives Congress (APC), Mr. Timi Frank, the judiciary is Nigeria’s major problem.
He said some judges are afraid to deliver fair rulings because of their sordid past.
“I urge the judiciary to wake up because Nigerians are becoming impatient with the kind of judgments coming out from the temple of justice expected to be the last hope of the common man.
“When people cannot get justice, they would sooner than later resort to self-help. Some corrupt judges presently manning some courts should not add to Nigeria’s woes because posterity’s unavoidable judgment awaits both the judged and the judges,” said Frank.
For its part, the Socio-Economic Rights and Accountability Project (SERAP) said it had petitioned the United Nations Human Rights Council (UNHRC) in Geneva over the way police authorities clamped down on #RevolutionNow protesters on Monday.
In an open letter to the Council dated August 8 and signed by its deputy director, Mr. Kolawole Oluwadare, SERAP said:
“There are serious violations of the rights of Nigerians to liberty, personal security, freedom of expression, peaceful assembly, association, and media freedom and a special session is urgently needed to help stem the attack on human rights and contribute to UN efforts to prevent further abuses, including arbitrary detention and excessive use of force.”.
“We urge your delegation to actively support the holding of a special session of the Human Rights Council without delay and the adoption of a resolution that ensures meaningful attention to the situation with a view to stemming the abuses and ending impunity.
“The Human Rights Council cannot ignore persistent attacks on human rights and disregard for the rule of law in Nigeria.
“If the Human Rights Council does not assume its responsibility and give voice to the victims, it would exacerbate the impunity of perpetrators and continue to fuel further abuses.”
It also prayed the UNHRC to ask Nigerian authorities to release unconditionally Sowore and all those detained in connection with the #RevolutionNow protests.
Furthermore, it asked to demand that Nigerian authorities cooperate with the UN Special Rapporteurs by allowing them free access to the country to investigate all allegations of human rights violations against protesters, journalists, bloggers and other Nigerians.
“The authorities have arbitrarily arrested Omoyele Sowore, the organiser of the #RevolutionNow protests and publisher of the online newspaper Sahara Reporters.
“He is still currently detained by the Department of State Services. Several protesters and journalists continue to be targeted, including a former Politics Editor with Daily Trust, Ibrahim Dan-Halilu, who has been reportedly re-arrested,” it added.
Meanwhile, a constitutional lawyer and human rights campaigner, Mr. Femi Falana who is also Sowore’s lawyer said he would appeal the ruling.
He said Sowore had, on Wednesday, August 7, envisaged Justice Taiwo’s ruling and instructed that it should be challenged.
“I saw him (on Wednesday) when he had already envisaged that the order for his detention would be granted. So he had already given us the instruction to challenge it.”
With Punch, ThisDay reports
