Pressure from the international community, especially the United States government, forced the Federal Government to order the release of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd.), and convener of the #RevolutionNow movement, Omoyele Sowore, from detention on Tuesday, Daily Independent has gathered.
Dasuki has been in detention since December 29, 2015, while Sowore was arrested on August 3. There was no word on Ibraheem El-Zakzaky, who has also been in detention since December 2015.
Credible sources in the presidency told Daily Independent that Mary Leonard, the US Ambassador to Nigeria, and her deputy brokered the deal for the duo’s release after their meeting with Vice President Yemi Osinbajo and Abubakar Malami, the Attorney-General and Minister of Justice.
According to our source, “The truth is that Dasuki and Sowore’s release was brokered by the Americans. The US ambassador to Nigeria and her deputy met with Vice President Yemi Osinbajo and Malami and prevailed on them to plead with President Muhammadu Buhari to obey court orders and release them,” he said.
Earlier, the United States Congress had written to AGF Malami, where it expressed concern about the continued detention of Omoyele Sowore by the Department of State Services (DSS).
The lawmakers said Nigeria risks tarnishing its international reputation over Sowore’s indefinite detention and that “it will best serve Nigeria’s interests to protect and uphold the very legal systems that provide for stability and open dialogue.
“We request that you take immediate steps to… work to facilitate a speedy and fair resolution to the current circumstances of his re-detention; and ensure that he receives a legally sound and credible trial, consistent with Nigeria’s established judicial proceedings and the rulings that follow,” US lawmakers, Robert Menendez, Charles Schumer, Christopher Coons, Cory Booker, Bill Pascrell and Josh Gottheimer, said in a letter to Nigeria’s Attorney-General and Justice Minister Abubakar Malami.
The American lawmakers, however, said the government’s actions are contrary to the values of a democratic country which include “application of prosecutorial powers and actions, as well as the ultimate compliance with judicial rulings.”
The US lawmakers stated that Nigeria must work to uphold the basic human rights of its citizens including their freedom of expression and political affiliation.
“Nigeria has an opportunity and responsibility to serve as a model for following the established rule of law under its own constitution.”
The lawmakers said Malami’s adherence to facilitating genuine progress toward respect for the rule of law will continue to pave the way for closer ties between the United States and Nigeria for economic growth, development and security cooperation.
FG orders release of Sambo Dasuki, Sowore
Abubakar Malami on Tuesday ordered the Department of State Services (DSS) to release Dasuki and Sowore.
Malami said government took the decision after reviewing the pending charges preferred against them by the Federal Government.
“Whilst the Federal High Court has exercised its discretion in granting bail to the defendants in respect of the charges against them, I am also not unmindful of the right of the complainant/ prosecution to appeal or further challenge the grant of bail by the court having regards to extant legal pro-visions, particularly section 169 of the Administration of Criminal Justice Act, 2015”, the AGF said.
However, Malami said his office had chosen to comply with the court orders while considering the pursuit of its rights of appeal and/or review of the order relating to the bail as granted or varied by the courts.
The AGF opined that “in line with the provisions of sections 150(1) of the 1999 constitution (as amended), and in compliance with the bail granted to Col. Sambo Dasuki (rtd.) (as recently varied by the Court of Appeal) and the bail granted to Omoyele Sowore, I have directed the State Security Services to comply with the order granting bail to the defendants and effect their release”.
In a statement on Tuesday, Malami held that “the two defendants are enjoined to observe the terms of their bail and refrain from engaging in any act that is inimical to public peace and national security as well as their on-going trial which will run its course in accordance with the laws of the land”.
He, therefore, reiterated the utmost regard his office has for the entire judicial structure of Nigeria.
“This administration remains unrelenting in deepening the rule of law and the administration of justice in general”, the AGF stated.
Recall that Abuja Division of the Court of Appeal, on July 4, granted bail to the embattled former NSA Dasuki, in the sum of N100 million and two sureties in like sum just as it awarded a fine of N5 million against the DSS for breach of his fundamental right.
The appellate court held that the detention of Dasuki by DSS since December 29, 2015 “is illegal, unlawful and un-constitutional”.
The two sureties, according to the Court of Appeal, shall be serving public servants not below the status of level 16 officers in either state or public service of the federal or any of its agencies and shall produce valid documents of status to the registrar of the Federal High Court in Abuja.
Each surety must be resident within the jurisdiction of the High Court and other physical address must be verified by the court registrar as well as must produce two recent passport size photographs in addition to deposing to affidavit of means.
The court held that the sureties must show evidence of ownership of property in the Federal Capital Territory worth N100 million.
The order was made by a three-man panel led by Justice Tinuade Akomolafe- Wilson.
In a unanimous decision, the appellate court also held that the fundamental right of Dasuki was breached by the prolonged detention without trial contrary to the provisions of the 1999 constitution.
In the lead judgment, Justice Akomolafe-Wilson, held that the DSS and its Director General acted outside their constitutional powers following Dasuki’s long period of the detention.
The appeal court also ordered that the DSS and its Director General should not detain Dasuki again and that whenever he is required on any allegation, it must be conducted within the working days and from 9a.m to 6p.m for him to go home.
More so, the court directed that the international passport of the former NSA shall remain with the deputy chief register of the High Court for the time being.
Recall that Justice Ijeoma Ojukwu of the Federal High Court Abuja, had on July 2, 2018, admitted Dasuki to bail on conditions the NSA complained to be stringent for his family to perfect especially deposit of N100 million to the court’s registrar by his sureties before he can be released on bail.
Consequently, the appeal court had to set aside the “harsh and stringent bail conditions”.
Sowore and his co-accused, Olawale Bakare are standing trial on a 16-count charge bordering on treasonable felony, money laundering etc.
They pleaded not guilty and were granted bail in the sum of N100 million and N30 million, respectively.
The DSS had refused to release them on bail even after they met their bail condition, forcing Justice Ijeoma Ojukwu to issue a 24 hours order for their release.
However, Sowore was re-arrested on December 6, shortly after he was released on bail by the DSS over a yet to be disclosed offence.
Buhari deserves impeachment not commendation — CUPP
Following the release of Dasuki and Sowore, the Coalition of United Political Parties (CUPP) said President Buhari deserves to be impeached rather than commended for the decision.
The CUPP wondered if Buhari was now the court of law that decides who gets released or not.
In a statement by its spokesman, Ikenga Imo Ugochinyere, the group said: “You (President Buhari) deserve impeachment not commendation for ordering the release of Sowore and Dasuki after ignoring valid court orders for their release, and presenting Nigeria as a lawless monkey-like Republic where the rule of law is dead.
“Buhari’s attempt to turn himself into executive supreme leader and apex judiciary head by deciding who gets released after valid court orders shall be resisted and fought bumper to bumper as year 2020 starts.
“We are now living at the mercy of a democratic emperor, who decides who gets bail despite court orders.
“The order for the release is an indictment and a useless order that has no place in constitutional governance.
“The president, by that order, has confirmed that he has been obstructing justice and disrespecting the courts and should be condemned by all Nigerians. Nigeria is a nation of laws and not a private estate of an emerging democratic dictator.”
In a related development, the minority leader of the Senate, Enyinnaya Abaribe, urged the presidency to go the whole hog and release other detainees whom the courts had granted bail.
Speaking against the backdrop of the release of Dasuki and Sowore, Abaribe said the presidency must seize the momentum and release the rest.
The lawmaker, in a statement by his Media Adviser, Uchenna Awom, said that although the release was encouraging, yet the presidency must go the whole hog and release other detainees facing similar fate, such as Shiite leader, Sheikh El-Zakzaky.
He said: “The presidency must seize the momentum and release the rest; they must not be seen to be selective or acting on impulse. Again, the Federal Government must now respect and adhere to the rule of law at times.
“It is becoming obvious that the country may face certain isolation from the international community if the government continues to disregard valid court orders.”
SERAP demands unconditional Release of Agba Jalingo
Meanwhile, few hours after the Federal Government ordered the release of Omoyele Sowore and Col. Sambo Dasuki, Socio-Economic Right and Accountability Project (SERAP) has demanded the immediate and unconditional release of journalist and publisher, Agba Jalingo.
SERAP in a statement on Tuesday by its Deputy Director, Kolawole Oluwadare, welcomed the announcement by the government ordering the release of Sowore and Dasuki.
It described the development as positive step by the Nigerian government, just as he expressed hope that this would signal a change in direction in Nigeria towards full respect for the rule of law, tolerance and greater openness by the government that would allow citizens to effectively enjoy their constitutional rights and fundamental freedoms.
The statement reads in part, “SERAP has consistently called for the immediate and unconditional release of Sowore, Olawale Bakare and other prisoners of conscience.
“The President Buhari government should now immediately withdraw all charges against Mr. Sowore and Olaware Bakare and all other detained simply for exercising their right to freedom of expression. They should never have been charged in the first place.
“We also call for the immediate and unconditional release of journalist Agba Jalingo and all those still detained on bogus charges, having spoken out in favour of greater democracy, freedom of expression, association and peaceful assembly.”
Fani-Kayode, Ezekwesili, Gbadamosi react
Femi Fani-Kayode, a former Minister of Aviation, has described as “the way to go”, the order given by the Federal Government for the release of Omoyele Sowore, convener of #Revolution¬Now and the former Nation¬al Security Adviser (NSA), Sambo Dasuki.
Reacting to the news via his verified official Twitter handle, @realFFK, Fani-Kayode said he was delighted to hear that the Federal Government through the Attorney General of Federation, Abubakar Malami, ordered the release of the duo.
The tweet reads: “I am delighted to hear that the Federal Government, through Attorney General Malami, has ordered the release of Col. Sambo Dasuki and @Ye¬leSowore. That is the way to GO!!! Thanks be to God!”
While also appreciating the president of United States of America, Donald Trump over the development, the former minister wrote, “I also thank @realDonaldTrump”.
On her part, a former Minister of Education, Oby Ezekwesili welcomed Sowore back to freedom, just as she applauded the activist for standing strong throughout the period he was in detention.
Ezekwesili, who also reacted through her verified official twitter handle, also applauded Sowore’s counsel, Femi Falana, a Senior Advocate of Nigeria (SAN).
Ezekwesili’s tweet reads: “@YeleSowore, welcome back to freedom. Thank you for standing strong through it all. No government can win against the people. No government.”
However, the governorship candidate of the Action Democratic Party (ADP) in the 2019 general elections in Lagos State, Babatunde Gbadamosi, alleged that the Federal Government took the decision in order to divert attention away from the alleged attempt on the life of former President Goodluck Jonathan.
Gbadamosi, who commended the release of the duo, said on his Twitter handle that, “I cautiously celebrate the announcement that the FG has ordered the release of Omoyele Sowore and Colonel Sambo Dasuki (rtd.) from illegal detention by the DSS. My cautious approach is based on the diabolical precedents of this tyrannical Buhari government.”
We can’t thank Buhari for their release— Afenifere
Pan-Yoruba socio-political organisation, Afenifere, said while it was happy with the order for the release of Omoyele Sowore and Sambo Dasuki, it could not thank the Federal Government for doing so.
Yinka Odumakin, National Publicity Secretary of the organisation, said the rights of citizens were constitutional and should not be subjected to the whims and caprices of civilian dictators.
“The regime has chosen to release them on its own accord, jettisoning court orders in the order of Decree 2 of military days.
“We say thanks but no thanks as the rights of our citizens are constitutional and not subject to the whims and caprices of military or civilian dictators,” Afenifere said.
While reacting to the development, Professor Itse Sagay applauded the government, saying it was a welcome development.
“It shows now is the right time for their release. Even the Bible acknowledged the fact that there is time for everything and I believe it’s time for them to gain freedom that is why they are being released.
“The government incarcerated them for the sake of security in the country and now they have realised that there is a change in the situation and they no longer pose danger to the society.
“Their release is a welcome development. I am happy that they can now go home and enjoy their freedom.”
Emeka Ozoani, SAN, also said what the AGF had done showed that he had now reviewed the order of the court. It is not a good development for the country’s judiciary.
The AGF has chosen to follow the order of the court long after it was given. He has considered himself as the appellate court by making caricature of the system.
“I suggest that when the duo is finally released, they should subject them to a proper medical treatment.
“The order of their release is not a favour on their part; it’s something that ought to have been done since,” he said.
Also, the president of a right group, Committee for the Defence of Human Rights, Malachy Ugwummadu, said the development was coming too late.
He said: “For some of us who have consistently fought for the cause, we were not taken aback by the news.
“According to section 287 (3) of the 1999 constitution, the government and its agencies are to obey the court order, especially the court of higher authorities.
“There wouldn’t have been any difference if the government had swallowed their pride and obeyed the court orders. They ought to have known that there is no way they could have defeated the masses on this matter.
“It is a shame for this government which has no understanding for the rule of law.”
Malachy, however, added that the way forward for this government was to pretend to know what they were doing henceforth.
“Again, they should prosecute those behind the disobedience of the court order.
“Section 35(6) of the constitution of the Federal Republic of Nigeria 1999, also says once you are illegally detained, you are entitled to public apology and that is the way we can affirm that this government will not go back to its vomit.
“Sowore is not a riff raff; he has a family that was affected by his incarceration. So the government must compensate him as well as prosecute those who are behind the disobedience of the court order.”
Similarly, Mike Ozekhome, SAN, said the order by the Federal Government through the Attorney General of the Federation, Abubakar Malami, SAN, for the immediate release of Colonel Sambo Dasuki, who had been in detention for about four years, and Omoyele Sowore, who had been detained since August, 2019, was salutary for democracy, respect for fundamental rights of the citizens, and observance of rule of law.
He said: “I am happy the government has finally realised its faux pas and is seeing the same light which I saw since 2015 when I kicked against the illegal incarceration of Dasuki.
“It is never too late to take corrective measures and make amends. There is nothing like something good happening at a bad time, or something bad happening at a good time.
“This government is beginning to see the importance of the rule of law prevailing over rule of the thumb and over so-called national security, which is a euphemism for security of a government in power.
“The government should add El-Zakzaky to the list of detainees to be released, because the whole world, aside government apologists and grovelers, see all of them as political prisoners.”
(Daily Independent)
