Human rights lawyer, Mr. Falana has written an open letter to the attorney general of the federation and minister of justice, Mr. Abubakar Malami asking him to apologise to the former national security adviser, Sambo Dasuki (retd) and the convener of #RevolutionNow Protest and publisher of Sahara Reporters, Mr. Omoyele Sowore for illegal detention and belated release.
Falana was responding to Malami’s claim that he ordered the release of the two former detainees on compassionate grounds.
The AGF who was quoted by his spokesman, Dr Umar Gwandu, to have spoken to the BBC Hausa and the Hausa Service of the Voice of America, denied that the release of the two men was in response to domestic and international pressure.
“The only reasons for the release of Omoyele Sowore and Sambo Dasuki revolved around our commitment to the rule of law, obedience to court orders and compassionate grounds,” Malami had stated.
However, in a letter addressed to the attorney general, Falana expressed dismay when Malami “turned round to inform us that you had no power to direct the State Security Service to comply with the order of the Federal High Court for the release Sowore from custody.
“But having belatedly deemed it fit to review your position and advise the federal government in line with the tenets of the rule of law you ought to have apologised to both Sowore and Dasuki.
“That is what is expected of you in accordance with Section 32 (6) of the 1999 Constitution. It is not an occasion for grandstanding or arrogant display of power.”
He contended that “it is trite law that once a trial court has granted bail to any person standing trial for any offence whatsoever and the bail conditions have been met the detaining authority shall release the person from custody without any further ado.
“In other words, the refusal to release a defendant who has been admitted to bail by a trial judge is tantamount to contempt of court. Hence, before Sowore’s release we had filed Forms 48 and 49 for the committal of the director general of the State Security Service to prison for contempt of court.”
“The government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation.
“Even under the defunct military dictatorship, detaining authorities were not authorised to incarcerate any person for “security reasons” in defiance of court orders.
“With respect, the federal government has itself to blame for the needless controversy that has trailed the release of the duo.”
Falana maintained that no authority had the power to detain a suspect for more than 48 hours without the backing of a court order.
“It is submitted, without any fear of contradiction, that under the current human rights regime no authority has the power to detain any person beyond 48 hours in any part of Nigeria without a court order.
“For the avoidance of doubt, the government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation.
“Even under the defunct military dictatorship, detaining authorities were not authorised to incarcerate any person for ‘security reasons’ in defiance of court orders.”
He faulted the minister’s contention that the two men were released on compassionate grounds saying Malami lacks the power to release a detainee in exercise of prerogative of mercy which is exclusively that of the president or a governor.
“With profound respect, you have no power to release any detained defendant from custody on compassionate grounds. As you are no doubt aware, only the president and state governors are entitled to exercise the prerogative of mercy or release any convicted person on compassionate grounds by virtue of Section 175 of the Constitution of the Federal Republic of Nigeria, 1999,” he added.
