The latest drama by the Department of State Services (DSS) in their
quest to re-arrest Omoyele Sowore after creating tumultuous atmosphere
in the temple of justice on 6th December, 2019, raises serious questions
on the hope of a common man and the place of the Judiciary in Nigeria
nacesant democracy.
On the 5th December, 2019, Mr Sowore and Bakare were released from the
custody of the DSS hours after Justice Ijeoma Ojukwu of the Federal High
Court in Abuja gave the DSS a 24 hours ultimatum for their release. This
action was commended by the justice while adjourning the case till 11th
February, 2020 on the 6th December, 2019.
But few minutes after the adjournment, some men of the DSS stormed the
court room and charted away Sowore in a manner that is alien to the
nation’s Constitution, rule of law and the principle of separation of
power.
Before their release on 5th December, 2019, the DSS has flagrantly
disobeyed several court injuctions mandating them to release the duo.
The first among this musle flexing, was the refusal of the DSS to obey
the judgement delivered by justice Taiwo Taiwo of the Federal High
Court, Abuja, on 24th September, 2019.
In his ruling, the Justice granted bail to Sowore with the sole
condition that he deposit his passport in the court’s registry but the
DSS refused to obey. This was the justice that granted the DSS’s prayer
to detain Sowore for 45 days on 8th August, 2019. The second display was
the blatant disobedient to the judgement of the Federal High Court,
Abuja, on 6th November, 2019.
Justice ijeoma Ojukwu while considering the seven counts of treasonable
felony, money laundering and cybercrimes which was instituted against
Sowore by the Office of the Attorney-General of the Federation and the
application for bail by the defence counsel, granted Sowore and Bakare
bail on 6th November, 2019 but the DSS refused to release them.
This refusal made the justice to threatened the DSS boss, Yusuf Bichi
with jail on 12th November, 2019. Despite this threat, Sowore was not
released until 5th December, 2019, few hours after the justice gave a 24
hours ultimatum with a fine of 100 000 Naira.
Not up to 24 hours after their released the DSS operative invaded the
sanctuary of justice, disrupted the court proceeding, turned the court
web to a struggle field and carted away their prey. This dramatic
expression seems to be unprecedented in the history of the arm known as
the last hope of an ordinary man.
However, the usurption of judicial power by the DSS in the recent time
started by the refusal of the agency to release Col. Sambo Dansuki,
Sheik Zakzayki, and others still in the DSS custody despite several
court injunctions ordering their release.
This took another dimension by a midnight invasion on the buildings of
some Justices under the guise of war against corruption in 2016. This
resonated to a high altitude by the removal of the Cheif Justice of
Nigeria days to the general election in 2019. An affront described to be
historic in Nigeria.
Though, the stated reasons for this display most times are national
security, public interest, war against corruption among others which no
nation will want to trade on the alter of fundamental human rights but
not to the extent where the judiciary is reduced to a toothless bulldog.
Based on the provision of section 6 of the Federal Republic of Nigeria
1999 Constitution, as amended 2011, the judiciary is responsible for the
interpretation of laws and settlement of all disputes in Nigeria, both
between individuals, individual and government and the arms of
government. But the recent acceleration in the operation of the DSS
seems to suggest otherwise.
Infact, the manner at which the DSS disobeys the order of the court this
days, seems like the DSS had established a parrallel court which they
consult after visiting the normal court to decide whether to obey court
order or not.
However, these flagrant disobedience to the court order might not be
unconnected to their experiences in their crackdown on the allegedly
corrupt judicial officers dwelling in the temple of Justice. But at the
same time, it raises question as to why taking the offenders to the
judiciary when the decision on the next line of action has already been
made?
In the case of Sowore for instance, the same justice who granted the DSS
permission to detain him for 45 days on 8th August, 2019, was the one
who granted him bail on the 24th September, 2019, which the DSS refused
to obey. To show the position of the judiciary in Nigeria democracy
today.
As a matter of fact, no democracy can grow in a country where the
judiciary has to study the body language of the executive or it’s
agencies before dispensing judgement. This is because judicial
independence is a corner-stone of democracy and a pabulous ingredient
for peace and development. It anchors a nation respect in the
international community and makes a country attractive to investors.
Therefore, it is pertinent to restore the Judiciary to it’s
constitutional position by respecting all judgements irrespective of the
side it takes. Because a State where there is a blatant disregard for
court judgement, rule of law, principle of separation of power to
achieve peace, progress, and development will be like looking for God
among men.
Femi Oluwasanmi,
Ibafo,
Ogun State.